S.C. Code Ann. § 40-45-280 — SC Code / Title 40 / Chapter 45 / Article 1 / Section 40-45-280
SECTION 40-45-280. Physical therapy records; responsibility for records; contents; discharge notes.
Status: in_force

(A) A physical therapist is responsible for the physical therapy record of a patient. (B) Only a licensed physical therapist or physical therapist assistant, provisional licensed physical therapist or physical therapist assistant, or student physical therapist or physical therapist assistant shall document in a physical therapy record. (C) A physical therapy record consists of: (1) the initial evaluation which is a written report signed and dated by the physical therapist performing the evaluation. An initial evaluation by a provisional licensed physical therapist must be reviewed, cosigned, and dated by the on-site supervising physical therapist; (2) a plan of care developed by a licensed physical therapist, including: (a) treatment to be rendered; (b) frequency and duration of treatment; (c) measurable goals. (3) clinical notes that must be signed and dated by the person rendering treatment. All clinical notes written by a physical therapist student or physical therapist assistant student are to be reviewed, cosigned, and dated by the physical therapist or physical therapist assistant who is supervising the appropriate level student. Clinical notes written by a provisional physical therapist or a physical therapist assistant licensee must be reviewed, cosigned, and dated by the on-site supervising physical therapist every eighth treatment day or every sixty calendar days, whichever comes first; (4) a discharge note which is a statement of the patient's status at the last treatment session as written, signed, and dated by the physical therapist or physical therapist assistant rendering service. All discharge notes written by a physical therapist student, physical therapist assistant student, and provisional licensed physical therapist or physical therapist assistant are to be reviewed, cosigned, and dated by the supervising physical therapist.
S.C. Code Ann. § 40-81-70 — SC Code / Title 40 / Chapter 81 / Section 40-81-70
SECTION 40-81-70. Powers and duties.
Status: in_force

(A) The commission shall: (1) determine the eligibility of applicants for examination and licensure pursuant to the provisions of this chapter; (2) examine applicants for licensure; (3) promulgate an appropriate code of professional ethics; (4) conduct hearings on alleged violations of this chapter and regulations promulgated under this chapter; (5) discipline persons licensed under this chapter in a manner provided for in this chapter; (6) promulgate regulations which must be submitted to the director at least thirty days before filing with the Legislative Council pursuant to Section 1-23-30. (B) At the request of the director, the administrator shall designate the department representative at an event or exhibition. (C) The department representative shall supervise events and exhibitions for the purpose of enforcing this chapter including, but not limited to: (1) issuing licenses to contestants and participants according to the requirements of this chapter; (2) investigating or inspecting all conditions or persons subject to permit or licensure; (3) collecting unpaid fees. (D) The commission designee in conjunction with the department representative shall review the Association of Boxing Commissions' National Registry or any other approved registry along with all additional appropriate information and approve or deny all pairing of contestants.
S.C. Code Ann. § 40-82-310 — SC Code / Title 40 / Chapter 82 / Section 40-82-310
SECTION 40-82-310. Reporting fires and explosions.
Status: in_force

An owner, manager, or operator of a vehicle or equipment regulated by this chapter within twenty-four hours shall make a report to the board through the office of the State Fire Marshal of any fire or explosion in connection with the equipment or gas system which the person has serviced, installed, or performed other work upon of accidental or incendiary origin of which the person has knowledge, with as complete detail as possible, together with evidence as he has obtained after investigation of the discovery of the fire or explosion. Reports filed pursuant to this section are confidential and for the use of the board only pending investigation completion.
S.C. Code Ann. § 40-49-80 — SC Code / Title 40 / Chapter 49 / Article 1 / Section 40-49-80
SECTION 40-49-80. Municipalities' duty to provide rules and regulations for construction of plumbing and sewerage.
Status: in_force

All such cities or towns in this State shall provide by ordinance rules and regulations for the construction of all plumbing and sewerage placed in or on any building or the premises thereof in any such city or town, and no work of this character shall be done unless a permit is issued therefor, except that leaks may be repaired without securing such a permit.
S.C. Code Ann. § 40-79-215 — SC Code / Title 40 / Chapter 79 / Section 40-79-215
SECTION 40-79-215. Exception to civil penalties for false alarms.
Status: in_force

An alarm business or contractor as defined in this chapter, or an alarm business call center, must not be fined or assessed a penalty by a local government for false alarms which are not attributed to improper installation, defective equipment, or operational error by the alarm business contractor.
S.C. Code Ann. § 40-81-40 — SC Code / Title 40 / Chapter 81 / Section 40-81-40
SECTION 40-81-40. Administration; review of administrator's decision.
Status: in_force

(A) The director of the department shall appoint an administrator, who shall assign referees, judges, and other officials necessary to administer this chapter. The department shall employ and supervise personnel necessary to effectuate the provisions of this chapter. (B) The department shall provide all administrative, fiscal, investigative, inspectional, clerical, secretarial, and license renewal operations and activities of the commission and shall administer the commission as a revenue funded commission in accordance with Section 40-1-50. (C) An applicant or licensee aggrieved by a decision of the administrator may request in writing a review of that decision by the commission.
S.C. Code Ann. § 40-13-70 — SC Code / Title 40 / Chapter 13 / Section 40-13-70
SECTION 40-13-70. Seal; additional powers and duties.
Status: in_force

The board shall adopt and use a common seal for the authentication of its orders and records. In addition to the powers and duties provided for in this chapter, the board has those powers and duties set forth in Section 40-1-70. Editor's Note Prior Laws:1934 (38) 1349; 1942 Code SECTION 5250-16; 1948 (45) 2079; 1952 Code SECTION 56-455; 1962 Code SECTION 56-455; 1982 Act No. 388; 1976 Code SECTION 40-13-50.
S.C. Code Ann. § 40-55-310 — SC Code / Title 40 / Chapter 55 / Article 3 / Section 40-55-310
SECTION 40-55-310. Purpose.
Status: in_force

(A) The Psychology Interjurisdictional Compact (Psypact) is enacted into law and entered into by the State of South Carolina with any and all other states legally joining therein in the form substantially as follows. (B) The following principles form the basis for Psypact: (1) States license psychologists, in order to protect the public through verification of education, training, and experience and ensure accountability for professional practice. (2) This compact is intended to regulate the day-to-day practice of telepsychology, i.e., the provision of psychological services using telecommunication technologies, by psychologists across state boundaries in the performance of their psychological practice as assigned by an appropriate authority. (3) This compact is intended to regulate the temporary in-person, face-to-face practice of psychology by psychologists across state boundaries for thirty days within a calendar year in the performance of their psychological practice as assigned by an appropriate authority. (4) This compact is intended to authorize state psychology regulatory authorities to afford legal recognition, in a manner consistent with the terms of the compact, to psychologists licensed in another state. (5) This compact recognizes that states have a vested interest in protecting the public's health and safety through their licensing and regulation of psychologists and that such state regulation will best protect public health and safety. (6) This compact does not apply when a psychologist is licensed in both the home and receiving states. (7) While this compact does not apply to permanent in-person, face-to-face practice, it does allow for authorization of temporary psychological practice. (C) Consistent with the principles set forth in subsection (B), this compact is designed to achieve the following purposes and objectives: (1) increase public access to professional psychological services by allowing for telepsychological practice across state lines as well as temporary in-person, face-to-face services into a state in which the psychologist is not licensed to practice psychology; (2) enhance the states' ability to protect the public's health and safety, especially client/patient safety; (3) encourage the cooperation of compact states in the areas of psychology licensure and regulation; (4) facilitate the exchange of information between compact states regarding psychologist licensure, adverse actions, and disciplinary history; (5) promote compliance with the laws governing psychological practice in each compact state; and (6) invest all compact states with the authority to hold licensed psychologists accountable through the mutual recognition of compact state licenses.
S.C. Code Ann. § 40-59-265 — SC Code / Title 40 / Chapter 59 / Article 1 / Section 40-59-265
SECTION 40-59-265. Exemptions of certain improvements from building permit requirements; owner exempt from licensure.
Status: in_force

(A) This chapter, including Section 40-59-260, does not apply to an owner of residential property who improves the property when the improvements are for the following: (1) building: (a) one-story detached accessory structures, provided that the floor area does not exceed two hundred square feet; (b) fences not over seven feet high; (c) retaining walls that are not over four feet in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge; (d) water tanks supported directly upon grade if the capacity does not exceed five thousand gallons and the ratio of height to diameter or width does not exceed two to one; (e) sidewalks and driveways; (f) painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work; (g) prefabricated swimming pools that are less than twenty-four inches deep; (h) swings and other playground equipment; (i) window awnings supported by an exterior wall that do not project more than fifty-four inches from the exterior wall and do not require additional support; (j) decks not exceeding two hundred square feet in area, that are not more than thirty inches above grade at any point; (2) electrical: (a) listed cord-and-plug connected temporary decorative lighting; (b) reinstallation of attachment plug receptacles but not the outlets; (c) replacement of branch circuit overcurrent devices of the required capacity in the same location; (d) electrical wiring, devices, appliances, apparatus or equipment operating at less than twenty-five volts and not capable of supplying more than fifty watts of energy; (e) minor repair work, including the replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles; (3) gas: (a) portable heating, cooking or clothes drying appliances; (b) replacement of any minor part that does not alter approval of equipment or make such equipment unsafe; (c) portable-fuel-cell appliances that are not connected to a fixed-piping system and are not interconnected to a power grid; (4) mechanical: (a) portable heating appliances; (b) portable ventilation appliances; (c) portables cooling units; (d) steam, hot- or chilled-water piping within any heating or cooling equipment regulated by the South Carolina Residential Building Code; (e) replacement of any minor part that does not alter approval of equipment or make such equipment unsafe; (f) portable evaporative coolers; (g) self-contained refrigeration systems containing ten pounds or less of refrigerant or that are actuated by motors of one horsepower or less; (h) portable-fuel-cell appliances that are not connected to a fixed-piping system and are not interconnected to a power grid; (5) plumbing: (a) the stopping of leaks in drains, water, soil, waste or vent pipe; provided, however, that if any concealed trap, drainpipe, water, soil, waste or vent pipe becomes defective and it becomes necessary to remove and replace the same with new material, such work must be considered as new work and a permit must be obtained and inspection made as provided in the South Carolina Residential Building Code; (b) the clearing of stoppages or the repairing of leaks in pipes, valves or fixtures, and the removal and reinstallation of water closets, provided such repairs do not involve or require the replacement or rearrangement of valves, pipes, or fixtures. (B) The improvements delineated in subsection (A) are exempt from building permit application requirements and an owner of residential property who makes these improvements is not required to have a residential builder or residential specialty contractor's license or be subject to the penalties provided in this chapter.
S.C. Code Ann. § 40-55-30 — SC Code / Title 40 / Chapter 55 / Article 1 / Section 40-55-30
SECTION 40-55-30. Appointment of members of board; terms; vacancies.
Status: in_force

All members of the board shall be appointed by the Governor. The South Carolina Psychological Association, the South Carolina Academy of Professional Psychologists, the South Carolina Association of School Psychologists and any individual, group, or association may nominate qualified individuals to the Governor for his consideration. The board shall publish widely in the State notice of all pending vacancies to the board. Members of the board shall be appointed for terms of five years each and until their successors are appointed and qualify. No member of the board shall be eligible for reappointment for a period of four years following the completion of his term. Any vacancy shall be filled for the unexpired term only. The Governor may receive recommendations from any individual, group, or association for any vacancy.
S.C. Code Ann. § 40-75-270 — SC Code / Title 40 / Chapter 75 / Article 1 / Section 40-75-270
SECTION 40-75-270. Statement of professional disclosure.
Status: in_force

A licensee shall make available to each client a copy of a statement of professional disclosure. The statement of professional disclosure shall include the licensee's address and telephone number, fee schedule, educational training, and area of specialization. The professional disclosure statement shall also explicitly denote that sexual intimacy between a practitioner and a client is prohibited.
S.C. Code Ann. § 40-29-130 — SC Code / Title 40 / Chapter 29 / Section 40-29-130
SECTION 40-29-130. Investigation; voluntary surrender of license.
Status: in_force

A licensee under investigation for a violation of this chapter or a regulation promulgated under this chapter may voluntarily surrender the license in accordance with Section 40-1-150.
S.C. Code Ann. § 40-22-190 — SC Code / Title 40 / Chapter 22 / Section 40-22-190
SECTION 40-22-190. Confidentiality of proceedings.
Status: in_force

To the extent provided in Section 40-1-190, investigations and proceedings conducted under this chapter are confidential and all communications are privileged. Notwithstanding the provisions of this section, a final order of the board disciplining a licensee is public information as provided for in Section 40-1-120(C).
S.C. Code Ann. § 40-25-190 — SC Code / Title 40 / Chapter 25 / Section 40-25-190
SECTION 40-25-190. Penalties.
Status: in_force

A person violating this chapter is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned not more than thirty days.
S.C. Code Ann. § 40-55-320 — SC Code / Title 40 / Chapter 55 / Article 3 / Section 40-55-320
SECTION 40-55-320. Definitions.
Status: in_force

As used in this article: (1) "Adverse action" means any action taken by a state psychology regulatory authority which finds a violation of a statute or regulation that is identified by the state psychology regulatory authority as discipline and is a matter of public record. (2) "Association of State and Provincial Psychology Boards (ASPPB)" means the recognized membership organization composed of state and provincial psychology regulatory authorities responsible for the licensure and registration of psychologists throughout the United States and Canada. (3) "Authority to practice interjurisdictional telepsychology" means a licensed psychologist's authority to practice telepsychology, within the limits authorized under this compact, in another compact state. (4) "Bylaws" means those bylaws established by the Psychology Interjurisdictional Compact Commission pursuant to Section 40-55-400 for its governance, or for directing and controlling its actions and conduct. (5) "Client/patient" means the recipient of psychological services, whether psychological services are delivered in the context of health care, corporate, supervision, or consulting services or any combination thereof. (6) "Commissioner" means the voting representative appointed by each state psychology regulatory authority pursuant to Section 40-55-400. (7) "Compact state" means a state, the District of Columbia, or United States territory that has enacted this compact legislation and which has not withdrawn pursuant to Section 40-55-430(C) or been terminated pursuant to Section 40-55-420(B). (8) "Coordinated licensure information system" also referred to as "coordinated database" means an integrated process for collecting, storing, and sharing information on psychologists' licensure and enforcement activities related to psychology licensure laws, which is administered by the recognized membership organization composed of state and provincial psychology regulatory authorities. (9) "Confidentiality" means the principle that data or information is not made available or disclosed to unauthorized persons or processes, or both. (10) "Day" means any part of a day in which psychological work is performed. (11) "Distant state" means the compact state where a psychologist is physically present (not through the use of telecommunications technologies), to provide temporary in-person, face-to-face psychological services. (12) "E. Passport" means a certificate issued by the Association of State and Provincial Psychology Boards (ASPPB) that promotes the standardization in the criteria of interjurisdictional telepsychology practice and facilitates the process for licensed psychologists to provide telepsychological services across state lines. (13) "Executive board" means a group of directors elected or appointed to act on behalf of, and within the powers granted to them by, the commission. (14) "Home state" means a compact state where a psychologist is licensed to practice psychology. If the psychologist is licensed in more than one compact state and is practicing under the authorization to practice interjurisdictional telepsychology, the home state is the compact state where the psychologist is physically present when the telepsychological services are delivered. If the psychologist is licensed in more than one compact state and is practicing under the temporary authorization to practice, the home state is any compact state where the psychologist is licensed. (15) "Identity history summary" means a summary of information retained by the Federal Bureau of Investigation, or other designee with similar authority, in connection with arrests and, in some instances, federal employment, naturalization, or military service. (16) "In-person, face-to-face" means interactions in which the psychologist and the client/patient are in the same physical space and which does not include interactions that may occur through the use of telecommunication technologies. (17) "Interjurisdictional practice certificate" also referred to as "(IPC)" means a certificate issued by the Association of State and Provincial Psychology Boards (ASPPB) that grants temporary authority to practice based on notification to the state psychology regulatory authority of intention to practice temporarily, and verification of one's qualifications for such practice. (18) "License" means authorization by a state psychology regulatory authority to engage in the independent practice of psychology, which would be unlawful without the authorization. (19) "Noncompact state" means any state which is not at the time a compact state. (20) "Psychologist" means an individual licensed for the independent practice of psychology. (21) "Psychology Interjurisdictional Compact Commission" also referred to as "commission" means the national administration of which all compact states are members. (22) "Receiving state" means a compact state where the client/patient is physically located when the telepsychological services are delivered. (23) "Rule" means a written statement by the Psychology Interjurisdictional Compact Commission promulgated pursuant to Section 40-55-410 of the compact that is of general applicability, implements, interprets, or prescribes a policy or provision of the compact, or an organizational, procedural, or practice requirement of the commission and has the force and effect of statutory law in a compact state, and includes the amendment, repeal, or suspension of an existing rule. (24) "Significant investigatory information" means: (a) investigative information that a state psychology regulatory authority, after a preliminary inquiry that includes notification and an opportunity to respond if required by state law, has reason to believe, if proven true, would indicate more than a violation of a state statute or ethics code that would be considered more substantial than a minor infraction; or (b) investigative information that indicates that the psychologist represents an immediate threat to public health and safety regardless of whether the psychologist has been notified or had an opportunity to respond. (25) "State" means a state, commonwealth, territory, or possession of the United States, or the District of Columbia. (26) "State psychology regulatory authority" means the board, office or other agency with the legislative mandate to license and regulate the practice of psychology. (27) "Telepsychology" means the provision of psychological services using telecommunication technologies. (28) "Temporary authorization to practice" means a licensed psychologist's authority to conduct temporary in-person, face-to-face practice, within the limits authorized under this compact, in another compact state. (29) "Temporary in-person, face-to-face practice" means where a psychologist is physically present (not through the use of telecommunications technologies), in the distant state to provide for the practice of psychology for thirty days within a calendar year and based on notification to the distant state.
S.C. Code Ann. § 40-3-260 — SC Code / Title 40 / Chapter 3 / Section 40-3-260
SECTION 40-3-260. Registration of architects registered in another state, territory, or foreign country.
Status: in_force

An architect registered in another state, territory, or foreign country, having standards of registration equal to those in this State, may be registered upon a satisfactory showing of character and record only. Editor's Note Prior Laws:1917 (30) 198; 1920 (31) 832; Civ. C. '22 SECTION 2880; 1922 (32) 823; 1932 Code SECTION 7057; 1942 Code SECTION 7057; 1952 Code SECTION 56-56; 1962 Code SECTION 56-56; 1984 Act No. 503, SECTION 1; 1976 Code SECTION 40-3-70
S.C. Code Ann. § 40-63-120 — SC Code / Title 40 / Chapter 63 / Article 1 / Section 40-63-120
SECTION 40-63-120. Revocation or suspension of license; fines.
Status: in_force

Upon a determination by the board that one or more of the grounds for discipline of a licensee exists, as provided for in Section 40-63-100 or 40-1-110, the board may impose sanctions as provided in Section 40-1-120, including suspension, restriction, or revocation of a license and may impose a fine of not more than five thousand dollars for each violation. Editor's Note Prior Laws:1988 Act No. 568, SECTION 1; 1993 Act No. 181, SECTION 945.
S.C. Code Ann. § 40-65-130 — SC Code / Title 40 / Chapter 65 / Section 40-65-130
SECTION 40-65-130. Grounds for denial of licensure or certification.
Status: in_force

As provided in Section 40-1-130, the department may deny licensure or certification to an applicant based on the same grounds for which the advisory council may take disciplinary action against a licensee or a holder of certification.
S.C. Code Ann. § 40-6-115 — SC Code / Title 40 / Chapter 6 / Section 40-6-115
SECTION 40-6-115. Jurisdiction of commission.
Status: in_force

The commission has jurisdiction over the actions of licensees and former licensees as provided in Section 40-1-115.
S.C. Code Ann. § 40-81-470 — SC Code / Title 40 / Chapter 81 / Section 40-81-470
SECTION 40-81-470. Suspension of license required after knockout.
Status: in_force

(A) After a knockout in a South Carolina event or exhibition, the commission shall suspend the boxer for not less than sixty days and require medical examinations as ordered by the ringside physician or the commission. All suspensions and required medical tests must be reported in accordance with federal law pertaining to boxing. (B) After a technical knockout in a South Carolina event or exhibition, the commission shall suspend the boxer for not less than thirty days and require a medical examination as ordered by the ringside physician or the commission. All suspensions and required medical tests must be reported in accordance with federal law pertaining to boxing.
S.C. Code Ann. § 40-2-270 — SC Code / Title 40 / Chapter 2 / Article 1 / Section 40-2-270
SECTION 40-2-270. "Emeritus" status.
Status: in_force

(A) A licensee who is retired and does not perform or offer to perform for compensation one or more kinds of services involving the use of accounting or auditing skills, including issuance of reports on financial statements or of one or more kinds of management advisory, financial advisory, or consulting services or the preparation of tax returns or the furnishing of advice on tax matters, may apply to the board for permission to place the word "Emeritus" adjacent to the licensee's "Certified Public Accountant" title or "Public Accountant" title on any document or device on which the "Certified Public Accountant" or "Public Accountant" title appears. (B) A license in "Emeritus" status must be renewed annually with no fee required. A license in "Emeritus" status may be reinstated as an active license, subject to fulfilling the requirements for the reinstatement of a lapsed license under Section 40-2-250. Effect of Amendment 2022 Act No. 174, SECTION 1, in (B), in the second sentence, substituted "may be reinstated as an active license, subject to fulfilling the requirements for the reinstatement of a lapsed license under Section 40-2-250" for "may not be reinstated as an active license"; and deleted (C), which provided that a licensee holding a license in "emeritus" status could apply for licensure under Section 40-2-35 as if the licensee was a new applicant and never sat for the exam.
S.C. Code Ann. § 40-54-90 — SC Code / Title 40 / Chapter 54 / Section 40-54-90
SECTION 40-54-90. Chapter preempts local ordinances regulating business of purchasing precious metals.
Status: in_force

The provisions of this chapter shall regulate the business of purchasing precious metals in this State and shall preempt any ordinances passed by political subdivisions purporting to regulate such business.
S.C. Code Ann. § 40-19-80 — SC Code / Title 40 / Chapter 19 / Section 40-19-80
SECTION 40-19-80. Inspectors to be hired by board; qualifications.
Status: in_force

The board shall employ at least two inspectors who must be licensed embalmers and funeral directors with no fewer than five consecutive years' experience as a licensee under this chapter but who have not been disciplined during the time of their past or current licensure under this chapter. Effect of Amendment 2024 Act No. 223, SECTION 10, rewrote the section.
S.C. Code Ann. § 40-67-270 — SC Code / Title 40 / Chapter 67 / Article 1 / Section 40-67-270
SECTION 40-67-270. Renewal periods; renewal fee; evidence of continuing education; reinstatement of license.
Status: repealed

(A) A speech-language pathology or audiology license and a speech-language pathology assistant license must be renewed biennially and expire on March 31 of the second year. A speech-language pathology or audiology intern license may only be renewed for one twelve-month period for the purpose of completing the supervised professional employment required by Section 40-67-220(B)(1)(c). (B) To renew a license the individual shall: (1) pay a renewal fee as provided by law; (2) submit evidence of compliance with continuing education requirements as provided for in Section 40-67-260. (C) A license which was not renewed by March 31 is invalid and only may be reinstated upon receipt of a renewal application postmarked before May 1 and accompanied by the biennial license fee and the reinstatement fee. A renewal request not postmarked before May 1 only may be reinstated upon receipt of an application for licensure submitted under the license requirements in effect at the time the renewal request is submitted and accompanied by the biennial license fee and reinstatement fee. Code Commissioner's Note At the direction of the Code Commissioner, in subsection (B)(1), substituted "as provided by law" for "as provided for in Section 40-67-50". Section 40-67-50 was repealed by 2014 Act No. 207, SECTION 1. The schedule of fees for certain professional and occupational licensing boards, commissions, panels, and councils is provided by regulation pursuant to the statutory authority provided in Section 40-1-50.
S.C. Code Ann. § 40-23-260 — SC Code / Title 40 / Chapter 23 / Section 40-23-260
SECTION 40-23-260. Continuing education; code of ethics.
Status: in_force

The board may establish continuing education requirements and a code of ethics in regulations. The absence of an adopted code of ethics does not prevent the board from finding a licensee is guilty of unethical or unprofessional conduct.
S.C. Code Ann. § 40-37-350 — SC Code / Title 40 / Chapter 37 / Section 40-37-350
SECTION 40-37-350. Exceptions from application of chapter.
Status: in_force

(A) This chapter does not apply to: (1) a bona fide student of optometry, medicine, or osteopathy in the clinic rooms or an approved program of an accredited school of optometry, medicine, or osteopathy; (2) a commissioned officer in the armed services who is engaged in the practice of optometry in this State insofar as the practice is in the performance of the officer's military duties; or (3) an individual licensed in another jurisdiction who is in this State to make a clinical demonstration before a professional society or association, convention, school or college, or agency of the government. (B) Nothing in this chapter may be construed to apply to: (1) a physician licensed under Chapter 47, Title 40, Physicians, Surgeons, and Osteopaths, in the due course of professional practice; or (2) persons who sell as merchandise from an established place of business, ready-made eyeglasses or spectacles if the person does not aid the purchaser in the fitting of the eyeglasses or spectacles; or (3) persons representing supply companies in the act of selling supplies or equipment to licensed eye-care providers. (C) Nothing in this chapter precludes a licensed optician from practicing opticianry as defined by the laws of this State. Editor's Note Prior Laws:1917 (30) 1; Civ. C. '22 SECTIONS 2455, 2469; 1929 (36) 141; 1932 (37) 1333; 1932 Code SECTIONS 5234, 5248; 1937 (40) 394; 1942 Code SECTIONS 5234, 5248; 1945 (44) 367; 1952 Code SECTION 56-1083; 1962 Code SECTION 56-1083; 1982 Act No. 395, SECTION 1; 1976 Code SECTION 40-37-260.
S.C. Code Ann. § 40-69-270 — SC Code / Title 40 / Chapter 69 / Article 1 / Section 40-69-270
SECTION 40-69-270. Licensing requirement; exceptions.
Status: in_force

(A) A person may not engage in the practice of veterinary medicine in this State without a current and valid license issued by the board pursuant to this chapter. Nothing in this chapter may be construed to prohibit: (1) a person who is a regular student, technician, or instructor in a legally chartered educational institution from the performance of those duties and actions conducted as a responsibility in teaching and research or a veterinary student preceptee working under the direct supervision of a licensed veterinarian during a school vacation period or in a preceptorship program; (2) a veterinarian holding a current and valid license in another state from acting as a consultant with a licensed veterinarian of this State; (3) a veterinarian who is a member of the Armed Forces of the United States or who is an employee of the United States Department of Agriculture, the United States Public Health Service, or other federal agencies or the State of South Carolina or political subdivisions of this State from performing official duties in accordance with employment; (4) a person or a regular employee from administering to the person's own animals, except when the ownership is so vested for the purpose of circumventing the provisions of this chapter or except when the employee is so employed for the purpose of circumventing the provisions of this chapter; however, the administration to the animals must be in compliance with all federal, state, and local laws; (5) state or federal agencies, accredited schools, research institutions, foundations, corporations, or employees of these, which or who conduct experiments and scientific research using animals, if the research or testing is performed in compliance with all federal, state, and local laws; (6) a person from performing artificial insemination to animals; (7) initiation of prescribed emergency procedures in life threatening situations by a veterinary technician employed by a licensed veterinarian; (8) a merchant from selling, at a regular place of business, medicines, feed, appliances, or other animal health products if all sales are done in compliance with all federal, state, and local laws and in accordance with regulations promulgated by the board. (B) Nothing in this chapter limits or affects the practice of a person who is licensed in this State and who is acting within the scope of another licensed practice or profession. (C) Nothing in this chapter affects the practice of qualified persons to whom a licensed veterinarian has delegated the performance of procedures, therapeutic options, and alternate therapies. The delegating veterinarian must verify the qualifications of these persons and their competencies before delegation. The delegating veterinarian remains responsible for the general care of the patient. Editor's Note Prior Laws:1920 (31) 905; Civ. C. '22 SECTION 2472; 1932 Code SECTION 5251; 1942 Code SECTION 5251; 1952 Code SECTION 56-1552; 1962 Code SECTION 56-1558; 1974 (58) 2769; 1981 Act No. 174, SECTION 4; 1984 Act No. 457; 1994 Act No. 306, SECTION 2; 1976 Code SECTION 40-69-80.
S.C. Code Ann. § 40-85-140 — SC Code / Title 40 / Chapter 85 / Section 40-85-140
SECTION 40-85-140. Denial of licensure on same grounds as for disciplinary actions.
Status: in_force

As provided in Section 40-1-130, the board may restrict or deny licensure to an applicant based on the same grounds for which the board may take disciplinary action against a licensee.
S.C. Code Ann. § 40-23-105 — SC Code / Title 40 / Chapter 23 / Section 40-23-105
SECTION 40-23-105. Recovery of payment for regulated services by unlicensed provider; limitations.
Status: in_force

(A) If a person has made payment for services subject to regulation by this chapter, the person has a cause of action in magistrate's court or the court of common pleas, as appropriate, for recovery of the payment, plus reasonable costs and attorney's fees, if the person providing or offering to provide the services: (1) at any point in the transaction, did not possess a valid license, registration, or certificate as required by this chapter; or (2) failed to timely file a report, record, application, or other document required by law with respect to the construction or abandonment of wells. (B) This section is to be construed in favor of recovery for the plaintiff. (C) An action or claim to enforce the provisions of this section must be filed within three years of the date of completion of the services subject to regulation under this chapter.
S.C. Code Ann. § 40-56-220 — SC Code / Title 40 / Chapter 56 / Section 40-56-220
SECTION 40-56-220. Facilities must comply with regulations; consumer fireworks must comply with federal standards; small bottle rocket sale and use not legal; no sale of fireworks to anyone under sixteen.
Status: in_force

(A) All facilities for the manufacturing, sales, or storage of fireworks must comply with regulations established by the board. (B) All consumer fireworks must comply with standards set by the U.S. Department of Transportation and the CPSC for consumer fireworks. The board may request fireworks be tested by a CPSC certified testing group to see that these standards are met. (C) Retail sale and use of small bottle rockets are not legal within South Carolina. (D) Fireworks may not be sold to anyone under the age of sixteen.
S.C. Code Ann. § 40-33-37 — SC Code / Title 40 / Chapter 33 / Article 1 / Section 40-33-37
SECTION 40-33-37. Volunteer licenses.
Status: in_force

(A) The board may issue a volunteer license without a fee to a retired nurse, upon written application, to donate nursing services through one specific charitable organization approved by the board if the nurse: (1) has been granted inactive status and has practiced not less than twenty-five years or until age sixty-five after a minimum of fifteen years of practice; (2) submits evidence of completing not less than twenty-five hours of initial training with the charitable organization; and (3) has been on the official inactive status list for not more than ten years. (B) A volunteer license is not transferable and authorizes the retired nurse to provide nursing services to others without remuneration of any kind. A separate application must be filed and a separate license must be issued for every charitable organization to which the retired nurse wishes to donate nursing services. (C) A volunteer license may be renewed annually, except as otherwise provided in Section 40-1-50, upon application and satisfactory demonstration of continued competency or not less than twenty-five hours of service or additional training per year with the same charitable organization. A volunteer license may be renewed if the license has been renewed without interruption with the same charitable organization and all other qualifications have been met. (D) The board may promulgate regulations to carry out the provisions of this section.
S.C. Code Ann. § 40-67-550 — SC Code / Title 40 / Chapter 67 / Article 3 / Section 40-67-550
SECTION 40-67-550. Compact privilege to practice telehealth.
Status: in_force

Member states shall recognize the right of an audiologist or speech-language pathologist, licensed by a home state in accordance with Section 40-67-530 and under rules promulgated by the commission, to practice audiology or speech-language pathology in any member state via telehealth under a privilege to practice as provided in the compact and rules promulgated by the commission.
S.C. Code Ann. § 40-51-120 — SC Code / Title 40 / Chapter 51 / Section 40-51-120
SECTION 40-51-120. Designation of licensed persons.
Status: in_force

Any person to whom a license is granted under the provisions of this chapter shall be entitled to be known as a licensed podiatrist or chiropodist and any other podiatrist or chiropodist who may later practice in the State shall be privileged to use the title which his diploma from his podiatry or chiropody college may have granted.
S.C. Code Ann. § 40-75-520 — SC Code / Title 40 / Chapter 75 / Article 3 / Section 40-75-520
SECTION 40-75-520. Licensed psycho-educational specialist practice; description.
Status: in_force

(A) The practice of a licensed psycho-educational specialist is the utilization of a unique blend of training, incorporating skills and knowledge of psychology and education, to provide services addressing the educational, personal, and social needs of children and adolescents through assessment, intervention, consultation, counseling, information and referral, planning, training, and supervision in return for compensation. The practice of a licensed psycho-educational specialist includes: (1) conducting psycho-educational assessments of individual needs using formal and informal psycho-educational measurement techniques including standardized measures of intelligence, aptitude, achievement, skills, development, personality traits, personal and social adjustment, interests, functional assessment, direct observation, interviews with parents, teachers, and other professionals, family histories, ecological data, criterion referenced measures, and curriculum-based assessment; (2) interpreting assessment data and design and, when appropriate, providing interventions as indicated by the information; (3) participating in instructional support and intervention teams; (4) providing group and individual educational counseling for problems of learning, school adjustment, and academic performance; (5) evaluating information and determining the need for referral to appropriate specialists and supportive services; (6) providing consultation to clients, parents, teachers, school administrators, school systems, and professional colleagues; (7) assisting in designing, planning, and developing instructional programs and curriculum; (8) supervising the work of other licensed psycho-educational specialists. (B) Whenever important aspects of a case fall outside the licensed psycho-educational specialist's competence, the specialist must obtain appropriate consultations and referrals. A licensed psycho-educational specialist must not attempt to diagnose, prescribe for, treat, or advise a client with reference to a complaint which is outside the scope of practice as provided for in this article. (C) A licensed psycho-educational specialist employed by a school district may provide private sector services to students living within that district if the: (1) parent, guardian, surrogate, or adult client is informed in writing, before services are provided, of the individual's eligibility for free services of the same kind from the school district; (2) client is not a student assigned to any school to which the licensed psycho-educational specialist is assigned; (3) parent, guardian, surrogate, or adult client is informed that the licensed psycho-educational specialist may not function as an independent evaluator; (4) licensed psycho-educational specialist does not provide private sector services during hours of contracted employment with a school district; (5) licensed psycho-educational specialist does not use his or her position within a school district to offer or promote private sector services; (6) licensed psycho-educational specialist does not utilize tests, materials, or services belonging to the school district in providing private sector services. (D) School districts employing licensed psycho-educational specialists on a contractual basis during the school year may require, upon contract renewal, notification of intent to perform psycho-educational services in the private sector. (E) Persons whose practice is covered in this section shall use the title "Licensed Psycho-educational Specialist" in any advertisement, solicitation, or other written contract with members of the public. The term "South Carolina Department of Education Certified in School Psychology", along with the certificate number, must be used only in conjunction with the title "Licensed Psycho-educational Specialist", and only on letterhead, on business cards, and as a signature line in reports written for South Carolina Department of Education schools or private schools.
S.C. Code Ann. § 40-38-180 — SC Code / Title 40 / Chapter 38 / Section 40-38-180
SECTION 40-38-180. Collection of costs and fines.
Status: in_force

All costs and fines imposed pursuant to this chapter must be paid in accordance with and are subject to the collection and enforcement provisions of Section 40-1-180.
S.C. Code Ann. § 40-53-210 — SC Code / Title 40 / Chapter 53 / Section 40-53-210
SECTION 40-53-210. Notice of impending refusal to issue, suspension, or revocation of license; hearing.
Status: in_force

(a) When there is a cause to refuse an application or to suspend or revoke the license of any polygraph examiner, the Division shall, not less than thirty days before refusal, suspension, or revocation action is taken, notify such person by certified mail at the last address supplied to the Division by such person of such impending refusal, suspension, or revocation, the reasons therefor, and of his right to an administrative hearing for the purpose of determining whether or not the evidence is sufficient to warrant the refusal, suspension, or revocation action proposed to be taken by the Division. If within twenty days after such notice has been deposited in the United States mail such person has not made a written request to the Division for an administrative hearing, the Division is authorized to suspend or revoke the polygraph examiner's license without a hearing. Upon receipt by the Division of a written request of such person within the twenty-day period as set out above, an opportunity for an administrative hearing shall be afforded as early as is practicable. In no case shall the hearing be held less than ten days after written notification thereof, including a copy of the charges, shall have been given the person by certified mail sent to the last address supplied to the Division by the applicant or licensee. The administrative hearing in such cases shall be before the Division Chief. (b) The Division shall conduct the administrative hearings and it is authorized to administer oaths and issue subpoenas for the attendance of witnesses and the production of relevant books, papers and documents. On the basis of the evidence submitted at the hearing, the Division shall take whatever action it deems necessary in refusing the application or suspending or revoking the license.
S.C. Code Ann. § 40-60-510 — SC Code / Title 40 / Chapter 60 / Article 3 / Section 40-60-510
SECTION 40-60-510. Grounds for denial of registration.
Status: in_force

As provided in Section 40-1-130, the board may deny registration to an applicant based on the same grounds for which the board may take disciplinary action against a registrant. Editor's Note 2017 Act No. 32, SECTION 5, provides as follows: "SECTION 5. This act takes effect upon approval by the Governor. In the event that a registration process is unavailable upon the effective date of this act, an appraisal management company already conducting business in this State may continue to conduct business until one hundred twenty days after a registration process becomes available."
S.C. Code Ann. § 40-68-180 — SC Code / Title 40 / Chapter 68 / Section 40-68-180
SECTION 40-68-180. Other applicable license requirements; licensed, registered, or certified employee considered employee of client company or of licensee; Employment Security Law unaffected.
Status: in_force

This chapter does not exempt a client of a licensee or an assigned employee from any other license requirements imposed under local, state, or federal law. An employee who is licensed, registered, or certified under law and who is assigned to a client company is an employee of the client company for the purpose of that license, registration, or certification, but otherwise remains the employee of the licensee as provided in this chapter. Nothing in this chapter affects the South Carolina Employment Security Law (Sections 41-27-10 through 41-41-50).
S.C. Code Ann. § 40-7-280 — SC Code / Title 40 / Chapter 7 / Section 40-7-280
SECTION 40-7-280. Restrictions on giving shampoos and manicures.
Status: in_force

No person may give shampoos or manicures in a barber shop unless a license as a barber assistant has been issued to him by the Board of Barber Examiners. Editor's Note Prior Laws:1962 Code SECTION 56-280; 1976 Act No. 700, SECTION 1; 1981 Act No. 143, SECTION 1; 1982 Act No. 304, SECTION 1; 1976 Code SECTION 40-7-25.
S.C. Code Ann. § 40-69-295 — SC Code / Title 40 / Chapter 69 / Article 1 / Section 40-69-295
SECTION 40-69-295. Mobile veterinary facilities; obligations relating to local facilities; location prohibitions; definitions.
Status: in_force

(A) Regardless of mode of transportation, a mobile facility must have a permanent base of operation with a published address and telephone facilities for making appointments or responding to emergency situations. The mobile practice or facility must identify the closest local emergency veterinary services facility to the mobile location. The contact information of the local emergency veterinary services facility must be posted at the mobile location and be included in the paperwork given to the pet owner documenting the services rendered. (B) A mobile practice affiliated with, operated by, or supported by a public or private nonprofit animal shelter is prohibited from operating within eyesight of the nearest privately owned veterinarian practice. (C) As used in this section: (1) "mobile veterinary practice" means any form of clinical veterinary practice that may be transported or moved from one location to another for delivery of services to a pet; and (2) "pet" means a domesticated animal kept as a pet but does not include livestock, as defined in Section 47-9-210(1). Effect of Amendment 2016 Act No. 274, SECTION 3, added paragraph designator (A); in (A), added the last two sentences; and added (B) and (C).
S.C. Code Ann. § 40-80-50 — SC Code / Title 40 / Chapter 80 / Section 40-80-50
SECTION 40-80-50. Office of the State Fire Marshall; records and registration.
Status: in_force

Upon recommendation of a fire chief or other employer, the Office of the State Fire Marshal must register each firefighter subject to the provisions of Sections 40-80-30 and 40-80-40. The Office of the State Fire Marshal must maintain as minimum information on each firefighter the complete name, the date of birth, the social security number, a valid driver's license number, the employer, and the date of employment or membership. The Office of the State Fire Marshal must notify the chief of the employing fire department or other employer of the registration. This notification may be transmitted electronically or in written form. The fire chief must utilize forms as required and provided by the Office of the State Fire Marshal. Effect of Amendment 2025 Act No. 32, SECTION 3, in the second sentence, substituted "a valid driver's license" for "the South Carolina driver's license".
S.C. Code Ann. § 40-59-410 — SC Code / Title 40 / Chapter 59 / Article 2 / Section 40-59-410
SECTION 40-59-410. Residential business certificate of authorization as requirement for firm to engage in residential home building, residential specialty contracting, and home inspecting.
Status: in_force

(A) The practice or offer to practice residential building, residential specialty contracting, or home inspecting through a firm is authorized only through entities holding a residential business certificate of authorization issued by the commission. For the purposes of this section, a residential business certificate of authorization is also required for any firm practicing in this State under a fictitious name. However, when an individual is practicing residential home building, residential specialty contracting, or home inspecting in his name as individually licensed, or if an individual has at least fifty-one percent of the ownership interest and is the sole resident licensee for the firm, that person or entity is not required to be issued a residential business certificate of authorization. (B) The practice or offer to practice residential home building, residential specialty contracting, or home inspecting as defined in this chapter by an individual residential home builder, residential specialty contractor, or home inspector licensed or registered under this chapter through a firm offering residential building, residential specialty contracting, or home inspecting services to the public is authorized if: (1) one or more of the corporate officers in the case of a corporation, or one or more of the principal owners in the case of a firm, or one or more employees are designated as the resident licensee in responsible charge of each principal or branch office for the building services regulated by the commission and are licensed under the provisions of this chapter; (2) the firm has obtained an executed surety bond approved by the commission in the sum of fifteen thousand dollars initially and as subsequently provided by regulation; and (3) the firm has been issued a residential business certificate of authorization by the commission. Nothing in this section may be construed to mean that a license or registration to practice residential home building, residential specialty contracting, or home inspecting may be held by a firm. (C) Approval of firms seeking to incorporate or register to do business in this State under this section must be conditioned upon proper filing with the Secretary of State of the articles of incorporation and revisions to the articles, as certified by the Secretary of State. This section may not be construed to require an additional filing with the Secretary of State not otherwise required by law. (D) A firm desiring a residential business certificate of authorization shall file with the department an application on forms provided by the department accompanied by all applicable fees. Each residential business certificate of authorization must be renewed by July first of the licensing period. A renewal form provided by the department must be completed and submitted with all applicable fees. The initial application fee and annual renewal fee are one hundred dollars and as subsequently provided by regulation. Information to be provided on the application and renewal forms shall include the names and addresses of all officers and directors of the firm or officers and partners of the partnership who are licensed or registered to practice residential home building, residential specialty contracting, or home inspecting in this State, including those in responsible charge of all principal and branch offices providing building services in the State. (E) Disciplinary action against a firm must be administered in the same manner and on the same grounds as disciplinary action against an individual under this chapter and Section 40-1-110. No firm is relieved of responsibility for conduct or acts of its agents, officers, or employees by reason of its compliance with this section, and no individual practicing residential home building, residential specialty contracting, or home inspecting is relieved of responsibility for professional services performed by reason of his employment or relationship with the firm. (F) Nothing in this section may be construed to prohibit firms from joining together to offer residential home building, residential specialty contracting, or home inspecting services to the public, if each separate entity providing the services in this State otherwise meets the requirements of this section. For firms practicing as a professional corporation under the laws of this State, the joint practice of residential home building, residential specialty contracting, or home inspecting with other professions is approved by the commission. (G) If the requirements of this section are met, the commission shall issue a residential business certificate of authorization to the firm, and the firm may engage or offer to engage in the business of residential home building, residential specialty contracting, or home inspecting. The commission, however, may refuse to issue a certificate or may suspend or revoke an existing certificate for due cause. A person or organization aggrieved by an adverse determination of the commission may seek judicial review in accordance with this chapter. (H) Residential home builders, residential specialty contractors, or home inspectors engaged in practice through firms involving the practice of residential building, residential specialty contracting, or home inspecting may maintain branch offices as well as a principal place of business. Each principal place of business as well as each branch office must have a resident residential builder, residential specialty contractor, or home inspector in responsible charge of the field and office building work or services provided. A residential home builder must supervise the residential home building aspects of the principal or branch office and may also supervise the residential specialty contracting from that location. A residential specialty contractor may supervise residential specialty contracting services of the principal or branch office as long as the services are within the scope of residential specialty contracting in the classifications for which the individual is authorized to engage. A home inspector may supervise home inspecting services of the principal or branch office as long as the services are within the scope of home inspecting for which the individual is authorized to engage. The resident residential home builder, residential specialty contractor, or home inspector is considered in responsible charge of only one place of business at a given time. For purposes of this subsection,"engaged in practice" means holding oneself out generally to the public as qualified and available to perform residential building, residential specialty contracting, or home inspecting services. (I) Nothing contained in this chapter prevents an authorized residential builder or residential specialty contractor from undertaking a residential building project anywhere in the State.
S.C. Code Ann. § 40-60-530 — SC Code / Title 40 / Chapter 60 / Article 3 / Section 40-60-530
SECTION 40-60-530. Voluntary surrender of registration; public disclosure.
Status: in_force

A registrant under investigation for a violation of this article or a regulation promulgated under this article may voluntarily surrender his registration to practice, in accordance with and subject to the provisions of Section 40-1-150. A person whose registration is voluntarily surrendered may not practice or represent himself as authorized to practice until the board takes final action in the pending disciplinary matter. The voluntary surrender of a registration is subject to public disclosure pursuant to Chapter 4, Title 30. The board has discretion to credit time that an authorization has been surrendered toward a period of suspension or other restriction of practice. Editor's Note 2017 Act No. 32, SECTION 5, provides as follows: "SECTION 5. This act takes effect upon approval by the Governor. In the event that a registration process is unavailable upon the effective date of this act, an appraisal management company already conducting business in this State may continue to conduct business until one hundred twenty days after a registration process becomes available."
S.C. Code Ann. § 40-69-210 — SC Code / Title 40 / Chapter 69 / Article 1 / Section 40-69-210
SECTION 40-69-210. Cease and desist orders; temporary injunctions; immunity of board members and employees.
Status: in_force

(A) If the board has reason to believe that a person is violating or intends to violate a provision of this chapter, it may, in addition to all other remedies, order the person to immediately desist and refrain from that conduct. (B) The board may apply to an administrative law judge, as provided under Article 5, Chapter 23, Title 1, for an injunction restraining the person from that conduct. An administrative law judge may issue a temporary injunction ex parte and upon notice and full hearing may issue any other order in the matter as it considers proper. A bond may not be required of the board by an administrative law judge as a condition to the issuance of an injunction or order contemplated by the provisions of this section. (C) A member of the board or its committees, special examiners, agents, and employees may not be held liable for acts performed in the course of official duties, except where actual malice is shown. For the purpose of an investigation or proceeding under the provisions of this chapter, the board or any person designated by it may administer oaths and affirmations, subpoena witnesses, take evidence, and require the production of documents or records which the board considers relevant to the inquiry. Editor's Note Prior Laws:1962 Code SECTION 56-1571; 1974 (58) 2769; 1984 Act No. 457; 1993 Act No. 181, SECTION 951.
S.C. Code Ann. § 40-13-355 — SC Code / Title 40 / Chapter 13 / Section 40-13-355
SECTION 40-13-355. Board members prohibited from conducting or providing continuing education courses.
Status: in_force

No member of the board may conduct or be a provider of continuing education courses.
S.C. Code Ann. § 40-47-1770 — SC Code / Title 40 / Chapter 47 / Article 11 / Section 40-47-1770
SECTION 40-47-1770. Application of article.
Status: in_force

(A) Nothing in this article prevents: (1) licensed, registered, or certified professionals such as physicians, nurses, physical therapists, and chiropractors from practicing their professions if they do not hold themselves out to the public by any title or description as being athletic trainers; (2) the continued employment of persons employed on the effective date of Act 441 of 1984 by the State Department of Education, local boards of education, or private secondary or elementary schools for the treatment of injuries received by students participating in school sports activities; or (3) any person from serving as an athletic training student or in any similar position if service is carried out under the supervision of a physician or certified athletic trainer. (B) The provisions of this article shall not apply to any athletic trainer who is employed in another state by an educational institution or athletic organization when the athletic trainer accompanies the athletes or team of such institute or organization in the State for the purpose of an athletic contest or exhibition.
S.C. Code Ann. § 40-2-520 — SC Code / Title 40 / Chapter 2 / Article 3 / Section 40-2-520
SECTION 40-2-520. Unlicensed practice.
Status: in_force

(A) No professional association, person, partnership, or other legal entity, other than a person, partnership, or other legal entity holding a permit to practice issued pursuant to this article, may engage in the practice defined in Section 40-2-510 unless he or it plainly indicates on all signs, cards, letterheads, advertisements, and directories used to disclose his or its practice or business that he or it does not hold a license to practice under this article. (B) No professional association, person, partnership, or other legal entity, other than a person, partnership, or other legal entity holding a permit to practice issued pursuant to this article, may assume or use the title or designation "Accounting Practitioner" or any other title, designation, words, letters, abbreviation, sign, card, or device tending to indicate that the person is an accounting practitioner or that the partnership is composed of accounting practitioners or that the person, partnership, professional association, or other legal entity is authorized under this article to engage in the practice defined under Section 40-2-510. Effect of Amendment 2022 Act No. 174, SECTION 1, in (A) and (B), substituted "partnership, or other legal entity other than a person, partnership, or other legal entity" for "or partnership, other than a person or partnership"; and in (B), substituted "professional association, or other legal entity" for "or professional association".
S.C. Code Ann. § 40-77-50 — SC Code / Title 40 / Chapter 77 / Section 40-77-50
SECTION 40-77-50. Provision of staffing, fiscal, and licensing operations and activities by Department of Labor, Licensing and Regulation.
Status: in_force

The Department of Labor, Licensing and Regulation shall provide all administrative, fiscal, investigative, inspectional, clerical, secretarial, and license renewal operations and activities of the board in accordance with Section 40-1-50.
S.C. Code Ann. § 40-23-5 — SC Code / Title 40 / Chapter 23 / Section 40-23-5
SECTION 40-23-5. Application of chapter; conflict of laws.
Status: in_force

Unless otherwise provided in this chapter, Article 1 of Chapter 1, Title 40, applies to the Environmental Certification Board and its licensees regulated by the Department of Labor, Licensing and Regulation. If there is a conflict between this chapter and Chapter 1 of Title 40, the provisions of this chapter control.
S.C. Code Ann. § 40-63-90 — SC Code / Title 40 / Chapter 63 / Article 1 / Section 40-63-90
SECTION 40-63-90. Investigation and hearing for violation or unfitness to practice; notice; rights to license; privileged communications.
Status: in_force

(A) If the Department of Labor, Licensing and Regulation or the board has reason to believe that a person has violated a provision of this article or a regulation promulgated under this article or that a licensee has become unfit to practice as a social worker or if a person files a written complaint with the board or the director, the director of the department may initiate an investigation. The results of an investigation must be presented to the board. If it appears that a violation has occurred or that a licensee has become unfit to practice as a Licensed Social Worker, the board may, in accordance with the Administrative Procedures Act, take action as authorized by law. The board may designate a hearing officer or panel to conduct hearings or take other action as may be necessary. (B) The board shall notify the accused licensee in writing not less than thirty days before the hearing and a copy of the accusation must be attached to the notice. The notice must be served personally or sent to the accused licensee by registered mail, return receipt requested, directed to his last mailing address furnished to the board. The post office registration receipt signed by the accused licensee, his agent, or a responsible member of his household or office staff, or, if not accepted by the person to whom addressed, the postal authority stamp showing the notice refused, is prima facie evidence of service of the notice. (C) The accused licensee has the right to be present and present evidence and argument on all issues involved, to present and to cross-examine witnesses, and to be represented by counsel, at the accused licensee's expense. For the purpose of these hearings, the board may require by subpoena the attendance of witnesses and the production of documents and other evidence and may administer oaths and hear testimony, either oral or documentary, for and against the accused licensee. All investigations, inquiries, and proceedings undertaken under this chapter must be confidential, except as hereinafter provided. (D) Every communication, whether oral or written, made by or on behalf of any complainant to the board or its agents or any hearing panel or member, pursuant to this chapter, whether by way of complaint or testimony, is privileged and no action or proceeding, civil or criminal, lies against any person by whom or on whose behalf such communication has been made, except upon proof that such communication was made with malice. (E) No person connected with a complaint, investigation, or other proceeding before the board including, but not limited to, any witness, counsel, counsel's secretary, board member, board employee, court reporter, or investigator may mention the existence of the complaint, investigation, or other proceeding or disclose any information pertaining to the complaint, investigation, or proceeding, except to persons involved and having a direct interest in the complaint, investigation, or other proceeding, and then only to the extent necessary for the proper disposition of the complaint, investigation, or other proceeding. However, when the board receives information in a complaint, investigation, or other proceeding before it indicating a violation of a state or federal law, the board may provide that information, to the extent the board considers necessary, to the appropriate state or federal law enforcement agency or regulatory body. Nothing contained in this section may be construed to prevent the board from making public a copy of its final order in any proceeding, as authorized or required by law. Editor's Note Prior Laws:1968 (55) 2800; 1982 Act No. 453, SECTION 2; 1988 Act No. 568, SECTION 1; 1993 Act No. 181, SECTION 944; 1976 Code SECTION 40-63-30.
S.C. Code Ann. § 40-59-610 — SC Code / Title 40 / Chapter 59 / Article 3 / Section 40-59-610
SECTION 40-59-610. Regulations.
Status: in_force

The commission is authorized to promulgate regulations to administer the provisions of this article. Editor's Note Prior Laws:1994 Act No. 463, SECTION 3; 1976 Code SECTION 40-59-280.
S.C. Code Ann. § 40-47-33 — SC Code / Title 40 / Chapter 47 / Article 1 / Section 40-47-33
SECTION 40-47-33. Academic license; qualifications; responsibility of dean for compliance with practice limitations.
Status: in_force

(A) The issuance of an academic license is initiated by a written request from the dean of the medical school outlining the candidate's credentials, proposed role at the academic institution, and the reasons for requesting an exception to the usual course of permanent licensure. The candidate shall meet the following requirements: (1) The individual must have the rank of assistant professor or higher. (2) The individual must have established academic credentials and a compelling reason to be invited by the dean. (3) The academic license may be used only in the educational setting or in a training program associated with the medical school. (4) Use of the academic license is limited to the designated practice site only. It is not for independent practice or "moonlighting" situations. (B) In that an academic license is issued at the dean's request for his accommodation, the dean is professionally responsible under Section 40-47-110 for the academic licensee's compliance with the limitations of practice under an academic license.
S.C. Code Ann. § 40-37-150 — SC Code / Title 40 / Chapter 37 / Section 40-37-150
SECTION 40-37-150. Voluntary surrender of license.
Status: in_force

A licensee under investigation for a violation of this chapter or a regulation promulgated under this chapter may voluntarily surrender the license in accordance with Chapter 1 of Title 40.
S.C. Code Ann. § 40-7-310 — SC Code / Title 40 / Chapter 7 / Section 40-7-310
SECTION 40-7-310. Display of certificate of registration.
Status: in_force

A holder of a certificate of registration for any category of barbering authorized by this chapter shall display in a conspicuous place adjacent to or near the person's work chair. Editor's Note Prior Laws:1937 (40) 339; 1942 Code SECTION 5250-47; 1952 Code SECTION 56-270; 1962 Code SECTION 56-270; 1976 Code SECTION 40-7-210.
S.C. Code Ann. § 40-3-255 — SC Code / Title 40 / Chapter 3 / Section 40-3-255
SECTION 40-3-255. South Carolina Architecture Education and Research Fund established.
Status: in_force

(A) The department, at the board's request, may allocate up to ten dollars of each renewal fee to the South Carolina Architecture Education and Research Fund, which must be established as a separate and distinct account and used exclusively for: (1) advancement of education and research for the benefit of individuals and firms licensed under this chapter and for architectural interns; (2) analysis and evaluation of factors which affect the architecture profession in this State; and (3) dissemination of the results of the research. (B) The board shall submit to the Chairmen of the House and Senate Labor, Commerce and Industry Committees by August first of each year a report on how the funds were expended for the preceding fiscal year.
S.C. Code Ann. § 40-59-300 — SC Code / Title 40 / Chapter 59 / Article 1 / Section 40-59-300
SECTION 40-59-300. Construction of low-income housing using volunteer labor by 501(c)(3) eleemosynary organization without presence of "qualifier".
Status: in_force

Notwithstanding any other provision of law, a 501(c)(3) eleemosynary organization may construct a residential home with volunteer labor without the presence of a qualifier if the home without consideration is to be transferred to or made available for the use of an underprivileged or low-income family or individual. "Qualifier" for purposes of this provision means a builder or specialty contractor licensed to perform the particular work being done on the site. The cost of the building permit must be borne by the 501(c)(3) organization.
S.C. Code Ann. § 40-43-197 — SC Code / Title 40 / Chapter 43 / Section 40-43-197
SECTION 40-43-197. Authorized dispensation of drugs; outsourcing facilities.
Status: in_force

Any person or entity authorized to dispense drugs including, but not limited to, a pharmacy, institutional pharmacy, or practitioner, may: (1) purchase or otherwise acquire drugs compounded or repackaged by an outsourcing facility directly from the outsourcing facility without an order from a practitioner other than, when applicable, the practitioner purchasing or acquiring the drug; and (2) administer and dispense drugs purchased or acquired pursuant to item (1) to the same extent as drugs acquired through other authorized means.
S.C. Code Ann. § 40-7-330 — SC Code / Title 40 / Chapter 7 / Section 40-7-330
SECTION 40-7-330. Inspection of barbershop or barber schools.
Status: in_force

A member of the board or the board's agents, assistants, and inspectors may enter upon and inspect a barbershop or barber school at any time during business hours in the performance of the duties conferred or imposed by this chapter. Editor's Note Prior Laws:1937 (40) 339; 1942 Code SECTION 5250-46; 1952 Code SECTION 56-269; 1962 Code SECTION 56-269; 1976 Code SECTION 40-7-200.
S.C. Code Ann. § 40-3-90 — SC Code / Title 40 / Chapter 3 / Section 40-3-90
SECTION 40-3-90. Hearings.
Status: in_force

Any hearing that is conducted as a result of an investigation must be conducted in accordance with Section 40-1-90.
S.C. Code Ann. § 40-45-140 — SC Code / Title 40 / Chapter 45 / Article 1 / Section 40-45-140
SECTION 40-45-140. Denial of license based on prior criminal record.
Status: in_force

A license may be denied based on a person's prior criminal record only as provided in Section 40-1-140.
S.C. Code Ann. § 40-30-120 — SC Code / Title 40 / Chapter 30 / Section 40-30-120
SECTION 40-30-120. Employment of massage therapists with active licenses in good standing; operation in a residence; revocation of license; regulations.
Status: in_force

(A) A licensed establishment shall only employ or contract with a massage therapist holding an active license in good standing in this State to perform massage therapy. (B) A licensed establishment may operate in the residence of a licensed massage therapist in accordance with procedures approved by the board. (C) If an establishment's license is revoked, then no new license may be issued to operate on the same premises for one year after the date of revocation. (D) The board may promulgate regulations to establish additional requirements and prohibitions regarding the operation of massage therapy establishments and sole practitioner establishments. Effect of Amendment 2022 Act No. 151, SECTION 2, rewrote the section.
S.C. Code Ann. § 40-15-330 — SC Code / Title 40 / Chapter 15 / Article 1 / Section 40-15-330
SECTION 40-15-330. Return of appliance upon completion of dental technological work; retention of work authorization.
Status: in_force

Upon completion of the dental technological work, the appliance shall be returned to the dentist by whom ordered or his office, the name or number of the written work authorization accompanying the invoice. Each work authorization or copy thereof shall be retained and filed by the person doing the dental technological work for a period of at least three years. The work authorization or copy thereof shall be available for inspection by the board, or its duly authorized agents, on the premises during such period.
S.C. Code Ann. § 40-47-1010 — SC Code / Title 40 / Chapter 47 / Article 7 / Section 40-47-1010
SECTION 40-47-1010. Renewal of license.
Status: in_force

A license issued pursuant to this chapter may be renewed biennially or as otherwise provided by the board and department. A person who has not demonstrated continuing education, as required by this article, is not eligible for issuance or renewal of an authorization to practice. Effect of Amendment 2019 Act No. 32, SECTION 2, reenacted the section with no apparent change.
S.C. Code Ann. § 40-15-220 — SC Code / Title 40 / Chapter 15 / Article 1 / Section 40-15-220
SECTION 40-15-220. License to practice specialty.
Status: in_force

A special license shall be required for the practice of each special area of dentistry recognized by the American Dental Association, in order for a dentist to hold himself out to the public as limiting his practice to, being a specialist in, or giving special attention to any special area of dentistry. No dentist shall announce or hold himself out to the public as limiting his practice to, or as being a specialist in or giving special attention to, any special area of dentistry without first having obtained a special license therefor from the board as herein provided. The volume of business performed in any limited area of dentistry and the restriction of a licensed dentist's activity to any one or more limited areas of dentistry shall not in themselves constitute a holding out to the public that the dentist is a specialist.
S.C. Code Ann. § 40-15-83 — SC Code / Title 40 / Chapter 15 / Article 1 / Section 40-15-83
SECTION 40-15-83. Patient recordkeeping requirements; penalty.
Status: in_force

(A) Dentists shall retain their patient records for at least five years. These minimum recordkeeping periods begin to run from the last date of treatment. After these minimum recordkeeping periods, the records may be destroyed. If a dentist is employed by a corporation or another dentist, the corporation or employing dentist is responsible for maintaining the patient records for a period of five years. The practicing dentist shall have access to these patient records during that period. However, a dentist who works in a nonprofit dental clinic operated solely for the benefit of poor and indigent persons is not required to maintain records for patients seen in that setting. The owner or operator of a nonprofit dental clinic, for at least five years, shall retain patient records for persons treated at the clinic. (B) A clinic, corporation, or dentist violating subsection (A) is subject to a civil penalty, to be imposed by the board, of up to ten thousand dollars for each violation.
S.C. Code Ann. § 40-79-160 — SC Code / Title 40 / Chapter 79 / Section 40-79-160
SECTION 40-79-160. Appeal.
Status: in_force

A person aggrieved by a final decision of the board may seek review of the decision in accordance with Section 40-1-160.
S.C. Code Ann. § 40-36-110 — SC Code / Title 40 / Chapter 36 / Article 1 / Section 40-36-110
SECTION 40-36-110. Refusal to grant licenses; suspensions, revocations, or other restrictions; grounds.
Status: in_force

In addition to other grounds provided in Section 40-1-110, the board, after notice and a hearing conducted in accordance with the Administrative Procedures Act, may restrict or refuse to grant a license to an applicant or may refuse to renew the license of a licensed person or may suspend, revoke, or otherwise restrict the license of a licensed person who: (1) has been convicted of violating federal, state, or local laws relating to occupational therapy; (2) violates a provision of this chapter or a regulation promulgated pursuant to this chapter or an order issued by the board; (3) fraudulently or deceptively attempts to use, obtain, alter, sell, or barter a license or temporary license; (4) has participated in the fraudulent procurement or renewal of a license or temporary license for himself or another person or has allowed another person to use the license; (5) has committed fraud or deceit in the practice of occupational therapy including, but not limited to: (a) misrepresenting an educational degree, training, credentials, or competence; (b) using or promotion or causing the use of a misleading, deceiving, improbable, or untruthful advertising matter or promotional literature; (c) wilfully making or filing a false report or record in the practice of occupational therapy; (6) has committed an act of dishonest, immoral, or unprofessional conduct while engaging in the practice of occupational therapy including, but not limited to: (a) engaging in illegal, incompetent, or negligent practice; (b) providing services to a person who reasonably cannot be expected to benefit from the services; (7) has been convicted or plead guilty or nolo contendere to a felony or crime involving moral turpitude or a violation of a federal, state, or local alcohol or drug law, whether or not an appeal or other proceeding is pending to have the conviction or plea set aside; or (8) has been disciplined by a licensing or disciplinary authority of a state, country, or nationally recognized professional organization or convicted or disciplined by a court of a state or country for an act that would be grounds for disciplinary action under this section.
S.C. Code Ann. § 40-22-10 — SC Code / Title 40 / Chapter 22 / Section 40-22-10
SECTION 40-22-10. Board of Registration for Professional Engineers and Land Surveyors: membership and qualifications; compensation; removal; meetings; liability.
Status: in_force

(A) There is created the South Carolina State Board of Registration for Professional Engineers and Surveyors under the administration of the Department of Labor, Licensing and Regulation. The purpose of the board is to protect the health, safety, and welfare of the public by ensuring that only properly qualified and competent engineers and surveyors are licensed to practice, by promoting technical competency and ethical standards consistent with the Rules of Professional Conduct applicable to engineers and surveyors, and by appropriately disciplining those found in violation of laws governing engineering and surveying. (B) The board shall consist of eight members appointed by the Governor, recommendations for appointment may be made by any individual or group, including the South Carolina Council of Engineering and Surveying Societies. Five members must be professional engineers, at least two of whom must be actively engaged in the practice of engineering; two members must be professional surveyors, at least one of whom must be actively engaged in the practice of surveying; and one member must be from the general public appointed in accordance with Section 40-22-40. Professional engineer and professional surveyor members must be selected from a list of qualified candidates submitted to the Governor by the South Carolina Council of Engineering and Surveying Societies. Members of the board shall serve for terms of five years and until their successors are appointed and qualify. No more than two engineers' terms shall expire in any calendar year; no more than one surveyor's term shall expire in any calendar year. In the event of a vacancy, the Governor shall appoint a person to fill the vacancy for the unexpired portion of the term. (C)(1) Each engineering member of the board must: (a) be a citizen of the United States and a resident of this State; (b) be licensed in this State; (c) have been engaged in the practice of engineering in this State for at least twelve years; and (d) must have been in responsible charge of important engineering work for at least five years, which may include teaching engineering. (2) Each surveyor member of the board must: (a) be a citizen of the United States and a resident of this State; (b) be licensed in this State; (c) have been engaged in the practice of surveying in this State for at least twelve years; and (d) have been in responsible charge of important surveying work for at least five years, which may include teaching surveying in an academic setting. (3) The public member of the board must be a citizen of the United States and a resident of this State for at least twelve consecutive years. (D) Board members must be compensated for their services at the usual rate for mileage, subsistence, and per diem as provided by law for members of state boards, committees, and commissions and may be reimbursed for actual and necessary expenses incurred in connection with and as a result of their work as members of the board. (E) The Governor may remove a member of the board pursuant to Section 1-3-240. Vacancies on the board must be filled for the unexpired portion of the term in the manner of the original appointment. (F)(1) The board shall elect or appoint annually a chairman, a vice chairman, and a secretary. (2) The board shall meet at least two times a year and at other times upon the call of the chairman or a majority of the board. (3) A simple majority of the members of the board eligible to vote constitutes a quorum; however, if there is a vacancy on the board, a majority of the members serving constitutes a quorum. (4) A board member is required to attend meetings or to provide proper notice and justification of inability to do so. Unexcused absences from meetings may result in removal from the board as provided for in Section 1-3-240. (G) Neither the board nor any of its members, agents, or department employees are liable for acts performed in good faith during the course of their official duties. Editor's Note Prior Laws: 1991 Act No. 99, SECTION 1; 1976 Code SECTIONS 40-22-70, 40-22-80, 40-22-100, 40-22-110, 40-22-120. Effect of Amendment 2016 Act No. 259, SECTION 2, in (B), inserted ", at least two of whom must be actively engaged in the practice of engineering"; in (C), revised (1)(d), to include teaching, added (2)(d), and made other nonsubstantive changes; and deleted former (H), relating to membership on the board before and after January 1, 2008.
S.C. Code Ann. § 40-1-170 — SC Code / Title 40 / Chapter 1 / Article 1 / Section 40-1-170
SECTION 40-1-170. Costs of investigation and prosecution.
Status: in_force

(A) In an order issued in resolution of a disciplinary proceeding before a board, a licensee found in violation of the applicable licensing act may be directed to pay a sum not to exceed the reasonable costs of the investigation and prosecution of the case in addition to other sanctions. (B) A certified copy of the actual costs, or a good faith estimate of costs where actual costs are not available, signed by the director, or the director's designee, is prima facie evidence of reasonable costs. (C) Failure to make timely payment in accordance with the order results in the collection of costs in accordance with Section 40-1-180. (D) The board may conditionally renew or reinstate for a maximum of one year the license of an individual who demonstrates financial hardship and who enters into a formal agreement to reimburse the board within that one-year period for the unpaid costs. (E) This section does not apply to a regulated profession or occupation if a specific provision in the applicable licensing act provides for recovery of costs in an administrative disciplinary proceeding.
S.C. Code Ann. § 40-13-320 — SC Code / Title 40 / Chapter 13 / Section 40-13-320
SECTION 40-13-320. Issuance and display of school license; license not transferrable.
Status: in_force

Upon approval of a school by the board, a license must be issued and be displayed in a conspicuous place at the school. The license is valid only for the location named on it, and it is not transferable. Editor's Note Prior Laws:1953 (48) 432; 1962 Code SECTION 56-472.2; 1982 Act No. 388; 1976 Code SECTION 40-13-190.
S.C. Code Ann. § 40-2-560 — SC Code / Title 40 / Chapter 2 / Article 3 / Section 40-2-560
SECTION 40-2-560. Issuance of licenses.
Status: in_force

(A) Licenses must be issued by the board to persons satisfying the requirements of Section 40-2-550 upon the payment of a license fee in an amount to be determined by the board. (B) A licensee must file an application for renewal in accordance with Section 40-2-250. (C) A partnership, firm, or registrant must file an application in accordance with Section 40-2-40 and Section 40-2-255. (D) Legal entities, without payment of a permit fee, must meet the following standards: (1) at least one owner must be an accounting practitioner of this State in good standing; (2) each partner must be lawfully engaged in the practice, as defined in Section 40-2-520, in a state of the United States; and (3) each resident manager in charge of an office must be an accounting practitioner of this State in good standing. Effect of Amendment 2015 Act No. 51, SECTION 9, in (C), added the reference to Section 40-2-40. 2022 Act No. 174, SECTION 1, in (D), substituted "Legal entities, without payment of a permit fee, must" for "Partnerships, without payment of a permit fee, which", in (1), substituted "owner" for "general partner", and made a nonsubstantive change in (2).
S.C. Code Ann. § 40-5-360 — SC Code / Title 40 / Chapter 5 / Article 5 / Section 40-5-360
SECTION 40-5-360. Splitting fees with lay persons unlawful.
Status: in_force

It is unlawful for a person, partnership, corporation, or association to divide with or receive from, or to agree to divide with or receive from, an attorney or group of attorneys, whether practicing in this State or elsewhere, any portion of a fee or compensation charged or received by an attorney or any valuable consideration or reward as an inducement for placing or in consideration of having placed in the hands of an attorney, or in the hands of another person a claim or demand of any kind for the purpose of collecting the claim or bringing an action on the claim or of representing the claimant in the pursuit of any civil remedy for the recovery of the claim. This section does not apply to an agreement between attorneys to divide between themselves the compensation to be received. A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than three years, or both.
S.C. Code Ann. § 40-37-100 — SC Code / Title 40 / Chapter 37 / Section 40-37-100
SECTION 40-37-100. Civil penalties and injunctive relief.
Status: in_force

In addition to initiating a criminal proceeding for a violation of this chapter, the board may seek civil penalties and injunctive relief in accordance with Chapter 1 of Title 40.
S.C. Code Ann. § 40-45-310 — SC Code / Title 40 / Chapter 45 / Article 1 / Section 40-45-310
SECTION 40-45-310. Construction of chapter; authority not granted to practice other forms, branches, or methods of healing.
Status: in_force

Nothing in this chapter may be construed as authorizing a licensed physical therapist or any other person to practice medicine, surgery, osteopathy, homeopathy, chiropractic, naturopathy, magnetic healing, or any other form, branch, or method of healing as authorized by the laws of this State. Nothing in this chapter shall be construed to restrict, inhibit, or limit the practice of chiropractic as now practiced in this State and as taught by accredited schools or colleges of chiropractic. Nothing in this chapter shall be construed to restrict, inhibit, or limit the practice of licensed nurse practitioners, licensed physicians assistants, certified athletic trainers, licensed massage therapists, exercise physiologists, or personal trainers. Moreover, nothing in this chapter shall be construed to restrict, inhibit, or limit in any way the practice of dentistry pursuant to Chapter 15 of Title 40 or the practice of medicine pursuant to Chapter 47 of Title 40.
S.C. Code Ann. § 40-75-295 — SC Code / Title 40 / Chapter 75 / Article 1 / Section 40-75-295
SECTION 40-75-295. Third party payors not obligated to provide or pay for services under this chapter.
Status: in_force

Nothing in this article may be construed to require a health maintenance organization, a self-funded plan, an accident and health insurer, or any other third party payor to provide services or to pay for services provided for in this chapter.
S.C. Code Ann. § 40-7-380 — SC Code / Title 40 / Chapter 7 / Section 40-7-380
SECTION 40-7-380. Board members prohibited from ownership interest in barber colleges or companies servicing barbershops.
Status: in_force

It is unlawful for a member, inspector, or employee of the board to own an interest in a barber college or a company which deals in sales or services to barbershops. Editor's Note Prior Laws:1962 Code SECTION 56-256.1; 1967 (55) 392; 1976 Code SECTION 40-7-70.
S.C. Code Ann. § 40-39-150 — SC Code / Title 40 / Chapter 39 / Section 40-39-150
SECTION 40-39-150. Administrative orders; penalties.
Status: in_force

(A) Upon finding that an action of a pawnbroker is in violation of the provisions of this chapter or of a law or regulation of this State or of the federal government or an agency of the state or federal government, the administrator may issue an administrative order requiring the pawnbroker to cease and desist from the action and may suspend, revoke, or refuse to issue a certificate of authority by order. (B) The administrator also may issue an administrative order imposing administrative penalties of up to seven hundred fifty dollars for each offense upon persons violating any of the provisions of this chapter up to a maximum of fifteen thousand dollars for the same set of transactions or occurrences. Each violation constitutes a separate offense. In addition, a person violating the provisions of Sections 40-39-20 and 40-39-30 is guilty of a misdemeanor and, upon conviction, must be punished by a fine not exceeding one thousand dollars or by imprisonment for a term not exceeding sixty days, or both. Effect of Amendment 2016 Act No. 262, SECTION 14, rewrote the section, transferring the authority to order certain equitable relief from the administrative law court to the department.
S.C. Code Ann. § 40-11-570 — SC Code / Title 40 / Chapter 11 / Article 3 / Section 40-11-570
SECTION 40-11-570. Statute of limitations.
Status: in_force

The claimant's written notice made pursuant to Section 40-11-530 tolls the applicable statute of limitations and statute of repose pursuant to Title 15, Chapter 3, and an applicable warranty period for one hundred twenty days after the date the written notice is served upon the contractor, subcontractor, supplier, or design professional.
S.C. Code Ann. § 40-65-10 — SC Code / Title 40 / Chapter 65 / Section 40-65-10
SECTION 40-65-10. Administration of chapter; department is agency of licensure; appointment and membership of advisory council; qualifications of council members.
Status: in_force

(A) The department shall serve as the agency of licensure for professional soil classifiers and shall administer the provisions of this chapter. (B) The department shall appoint an advisory council of five qualified professional soil classifiers, who must have the qualifications required in Section 40-65-30, to recommend licensure for those applicants eligible to become licensed soil classifiers and to recommend certification for those applicants eligible to become a soil-classifier-in-training. Each member of the council must be a professional soil classifier who has been actively engaged in the practice of soil classifying for a period of at least ten years and must have been in responsible charge of soil classification for at least six years. Editor's Note Prior Laws: 1962 Code SECTIONS 56-1546.32, 56-1546.33; 1974 (58) 2828; 1993 Act No. 181, SECTION 946; 1976 Code SECTIONS 40-65-20, 40-65-30.
S.C. Code Ann. § 40-19-235 — SC Code / Title 40 / Chapter 19 / Section 40-19-235
SECTION 40-19-235. Licensure requirements of applicant holding valid license in another state.
Status: in_force

A person holding a valid embalmer or funeral director license in another state or territory having substantially similar requirements to the requirements of this chapter may apply for a license to practice in this State by submitting the appropriate nonrefundable fee, an application on a board-approved form, and a board-certified statement from the state or territory in which the person holds the license and has successfully taken and passed that state law exam. The board may approve an applicant who presents evidence of licensure in another jurisdiction, even though that jurisdiction does not require substantially similar requirements, upon a showing that the applicant has engaged in the licensed practice of funeral service for at least five years and the applicant has achieved a passing score on an examination approved by the board.
S.C. Code Ann. § 40-82-220 — SC Code / Title 40 / Chapter 82 / Section 40-82-220
SECTION 40-82-220. License application requirements for various persons or entities; renewal.
Status: in_force

(A) The board may issue a license to a dealer who presents to the Department of Labor, Licensing and Regulation a completed application giving satisfactory evidence: (1) that the site has been approved; (2) of insurance as required by this chapter; (3) of principals or employees who have passed examinations required under this chapter; (4) that all fees have been paid. (B) The board may issue a license to an installer of appliances and equipment who presents to the Department of Labor, Licensing and Regulation a completed application with satisfactory evidence of: (1) insurance as required by this chapter; (2) equipment needed for safe installation; (3) principals or employees who have passed examinations under this chapter; (4) payment of all required fees. (C) The board may issue a license to a reseller who presents a completed application to the Department of Labor, Licensing and Regulation giving satisfactory evidence: (1) that the site has been approved; (2) of insurance as required by this chapter; (3) of principals or employees who have passed examinations required under this chapter; (4) that all fees have been paid. (D) The board may issue a license to a transporter who presents to the Department of Labor, Licensing and Regulation a completed application giving satisfactory evidence: (1) of insurance as required by this chapter; (2) of principals or employees who have passed examinations required under this chapter; (3) that all fees have been paid. (E) The board may issue a license to a utility gas plant which presents to the Department of Labor, Licensing and Regulation a completed application giving satisfactory evidence: (1) that site has been approved; (2) of insurance as required by this chapter; (3) of principals or employees who have passed examinations required under this chapter; (4) that all fees have been paid. (F) The board may issue a license to a cylinder exchange facility who presents a completed application to the Department of Labor, Licensing and Regulation giving satisfactory evidence: (1) of insurance as required by this chapter; (2) satisfactory evidence of equipment needed for safe operation of the facility; (3) of principals or employees who have passed examinations required under this chapter; (4) that all fees have been paid. (G) Each license must be renewed biennially and is valid through June 30 of the applicable year. A late fee of one hundred dollars may be charged to a licensee who fails to file a renewal application before July 1 in the applicable year. A licensee who fails to renew may be required to comply with the requirements of initial licensure.
S.C. Code Ann. § 40-59-115 — SC Code / Title 40 / Chapter 59 / Article 1 / Section 40-59-115
SECTION 40-59-115. Jurisdiction over actions of licensees and former licensees.
Status: in_force

The commission has jurisdiction over the actions of licensees and former licensees as provided for in Section 40-1-115.
S.C. Code Ann. § 40-15-70 — SC Code / Title 40 / Chapter 15 / Article 1 / Section 40-15-70
SECTION 40-15-70. "Practice of dentistry" defined.
Status: in_force

A person is practicing dentistry who: (1) uses the word "dentist", "dental surgeon", or the letters "D.D.S.", "D.M.D.", or other letters or titles in connection with his name which in any way represents him as engaging in the practice of dentistry or in the administration of any dental health program; or (2) for a fee or other consideration: (a) shall profess or indicate in any manner that he can or will attempt to perform dental procedures in the oral cavity and associated adjacent structures; or (b) shall diagnose or treat or profess to diagnose or treat any diseases or lesions or conditions of the oral cavity and associated adjacent structures; or (c) shall extract teeth, correct malpositions of the teeth or jaws, or take impressions, or construct, supply, repair, reline, or duplicate artificial teeth as substitutes for natural teeth, or adjust such substitutes, or do any practice included in the curricula of dental colleges accredited by the Commission on Dental Accreditation, or administer or prescribe drugs or therapy utilized in the treatment of dental or oral diseases, or shall use X ray for dental treatment or dental diagnostic purposes, or shall administer anesthetics, local or general, for dental procedures; or (d) shall teach or profess to teach any phase of dental practice or related procedures.
S.C. Code Ann. § 40-15-265 — SC Code / Title 40 / Chapter 15 / Article 1 / Section 40-15-265
SECTION 40-15-265. Intern or resident authorized to provide treatment under supervision.
Status: in_force

An intern or a resident enrolled in an oral surgery training program at an accredited institution of higher education is authorized to treat conditions required by the training program under the supervision of a licensed physician or licensed dentist. This treatment may include prescribing appropriate drugs or services, as provided by law, under the supervision of a licensed physician or licensed dentist. A pharmacist licensed in this State may fill a prescription issued by an intern or resident during the course of a training program provided in this section.
S.C. Code Ann. § 40-77-260 — SC Code / Title 40 / Chapter 77 / Section 40-77-260
SECTION 40-77-260. University teaching and research considered work experience.
Status: in_force

In considering the qualifications of applicants, full-time geologic teaching at the university level supported by research work may be considered as geologic work experience.
S.C. Code Ann. § 40-47-100 — SC Code / Title 40 / Chapter 47 / Article 1 / Section 40-47-100
SECTION 40-47-100. Restraining orders.
Status: in_force

Restraining orders and cease and desist orders may be issued in accordance with Section 40-1-100.
S.C. Code Ann. § 40-60-130 — SC Code / Title 40 / Chapter 60 / Article 1 / Section 40-60-130
SECTION 40-60-130. Grounds for denial of license or discipline.
Status: in_force

As provided in Section 40-1-130, the board may deny licensure to an applicant based on the same grounds for which the board may take disciplinary action against a licensee.
S.C. Code Ann. § 40-23-70 — SC Code / Title 40 / Chapter 23 / Section 40-23-70
SECTION 40-23-70. Powers and duties.
Status: in_force

In addition to the powers and duties provided in this chapter, the board has those powers and duties set forth in Section 40-1-10, et seq.
S.C. Code Ann. § 40-67-290 — SC Code / Title 40 / Chapter 67 / Article 1 / Section 40-67-290
SECTION 40-67-290. Promulgation of code of ethics.
Status: in_force

The Board of Examiners in Speech-Language Pathology and Audiology may promulgate regulations setting forth a code of ethics for persons licensed by the board.
S.C. Code Ann. § 40-79-290 — SC Code / Title 40 / Chapter 79 / Section 40-79-290
SECTION 40-79-290. Enforcement of contract by unlicensed alarm business.
Status: in_force

Any alarm business that does not have a valid license, as required by this chapter, may not bring any action either at law or in equity to enforce the provisions of any contract entered into in violation of this chapter.
S.C. Code Ann. § 40-41-80 — SC Code / Title 40 / Chapter 41 / Article 1 / Section 40-41-80
SECTION 40-41-80. Inspection of licenses; arrest and trial.
Status: in_force

Every magistrate and constable and the sheriff and all of his regular deputies shall, and every citizen may, demand and inspect the license of any hawker or peddler in his county who shall come under the notice of any of such persons, and any such officer shall, or such citizen may, arrest or cause to be arrested any hawker or peddler found without a good and valid license and bring such hawker or peddler before the nearest magistrate to be dealt with according to law.
S.C. Code Ann. § 40-47-610 — SC Code / Title 40 / Chapter 47 / Article 5 / Section 40-47-610
SECTION 40-47-610. Licensure of practitioners of other states; educational and examination requirements.
Status: in_force

(A) The board may license as a respiratory care practitioner, upon payment of the fee set by the board, an applicant who is a respiratory therapist or a respiratory therapy technician of another state, territory, or the District of Columbia, if the requirements were substantially equal to the requirements of this State as determined by the board; (B) The committee initially shall waive the professional education and examination requirements and issue a license to any person who can demonstrate to the committee, through evidence verified under oath, that the person was employed as or actively performing the duties of a respiratory care practitioner in South Carolina in November and December of 1998; however, within three years of applying for initial licensure, the person must have complied with the educational and examination requirements provided for in Section 40-47-600. The applicants shall produce proof of high school graduation or the equivalent and shall apply within ninety days after public notification by the department.
S.C. Code Ann. § 40-15-310 — SC Code / Title 40 / Chapter 15 / Article 1 / Section 40-15-310
SECTION 40-15-310. Subwork authorizations for subcontractors.
Status: in_force

If the person receiving a written work authorization from a licensed dentist engages another person to perform some of the dental technological work relative to such work authorization, he shall furnish a written subwork authorization with respect thereto. The subcontractor shall retain the subwork authorization and the issuer thereof shall retain a duplicate copy, attached to the work authorization received from a licensed dentist, for inspection by the board, or its duly authorized agents, on the premises for a period of three years.
S.C. Code Ann. § 40-11-160 — SC Code / Title 40 / Chapter 11 / Article 1 / Section 40-11-160
SECTION 40-11-160. Appeal.
Status: in_force

A person aggrieved by a final action of the board may seek review of the decision in accordance with Section 40-1-160.
S.C. Code Ann. § 40-15-230 — SC Code / Title 40 / Chapter 15 / Article 1 / Section 40-15-230
SECTION 40-15-230. Applicant for license to practice specialty must be licensed to practice dentistry.
Status: in_force

Before an applicant can be licensed to practice a specialty, he must first have been licensed to practice dentistry in the State.
S.C. Code Ann. § 40-65-90 — SC Code / Title 40 / Chapter 65 / Section 40-65-90
SECTION 40-65-90. Omitted by 2010 Act No. 249, SECTION 2.A, eff June 11, 2010.
Status: in_force

Editor's Note Former SECTION 40-65-90 was entitled "Records of proceedings; admissibility" and was derived from 1962 Code SECTION 56-1546.39; 1974 (58) 2828; 1993 Act No. 181, SECTION 946.
S.C. Code Ann. § 40-63-110 — SC Code / Title 40 / Chapter 63 / Article 1 / Section 40-63-110
SECTION 40-63-110. Grounds for disciplinary action; misconduct; mental incompetence.
Status: in_force

(A) The board may revoke, suspend, publicly reprimand, or otherwise restrict the practice or discipline a licensee when it is established that the licensee is guilty of misconduct as defined in this chapter. (B) Misconduct, which constitutes grounds for revocation, suspension, or restriction of practice or limitation on, reprimand, or other discipline of a licensee is a satisfactory showing to the board that: (1) a false, fraudulent, or forged statement or document has been used or a fraudulent, deceitful, or dishonest act has been practiced by the licensee in connection with a license requirement; (2) the licensee has been convicted of a felony or any other crime involving moral turpitude. Forfeiture of a bond or a plea of nolo contendere is considered the equivalent of a conviction; (3) the licensee violated a regulation, directive, or order of the board; (4) the licensee has knowingly performed an act which in any way assists a person to practice social work illegally; (5) the licensee has caused to be published or circulated directly or indirectly a fraudulent, false, or misleading statement as to the skill or methods of practice of a social worker; (6) the licensee practiced social work while under either the influence of alcohol or drugs to such a degree as to adversely affect his ability to practice; (7) the licensee uses alcohol or drugs to such a degree as to adversely affect the licensee's ability to practice social work; (8) the licensee has sustained any physical or mental impairment or disability which renders further practice by the licensee dangerous to the public; (9) the licensee has violated the principles of professional ethics or standards of conduct as adopted by the board and promulgated in regulations; (10) the licensee is guilty of obtaining fees or assisting in obtaining fees under deceptive, false, or fraudulent circumstances; (11) the licensee is guilty of the use of any intentionally false or fraudulent statement in any document connected with the practice of social work; (12) the licensee has been found by the board to lack the professional competence to practice social work; (13) the licensee has engaged in sexual contact with a current client or with a former client during a period of three years after the termination of the therapeutic relationship; (14) the licensee has compromised the validity or security of licensure examinations required or recognized by the board; (15) the licensee has engaged in unprofessional conduct as determined by the board. (C) In addition to all other remedies and actions incorporated in this chapter, the license of a social worker adjudged mentally incompetent by a court of competent jurisdiction is automatically suspended by the board until the licensee is adjudged competent by a court of competent jurisdiction. Editor's Note Prior Laws:1962 Code SECTION 56-1600.8; 1988 Act No. 568, SECTION 1; 1990 Act No. 452, SECTION 3.
S.C. Code Ann. § 40-22-130 — SC Code / Title 40 / Chapter 22 / Section 40-22-130
SECTION 40-22-130. Grounds for denial of license.
Status: in_force

As provided for in Section 40-1-130, the board may deny licensure to an applicant based on the same grounds for which the board may take disciplinary action against a licensee.
S.C. Code Ann. § 40-51-50 — SC Code / Title 40 / Chapter 51 / Section 40-51-50
SECTION 40-51-50. License required.
Status: in_force

It shall be unlawful for any person to profess to be a podiatrist or chiropodist or to practice or assume the duties incident to podiatry or chiropody without first obtaining from the State Board of Podiatry Examiners a podiatry license.
S.C. Code Ann. § 40-60-410 — SC Code / Title 40 / Chapter 60 / Article 3 / Section 40-60-410
SECTION 40-60-410. Good standing with board required for certified or licensed appraisers.
Status: in_force

An appraisal management company registered in this State pursuant to this article may not enter into contracts or agreements with a certified or licensed appraiser, who is an independent contractor, to perform a real estate appraisal service in this State unless the person performing the appraisal service is certified or licensed in good standing with the board. Editor's Note 2017 Act No. 32, SECTION 5, provides as follows: "SECTION 5. This act takes effect upon approval by the Governor. In the event that a registration process is unavailable upon the effective date of this act, an appraisal management company already conducting business in this State may continue to conduct business until one hundred twenty days after a registration process becomes available."
S.C. Code Ann. § 40-55-440 — SC Code / Title 40 / Chapter 55 / Article 3 / Section 40-55-440
SECTION 40-55-440. Construction and severability.
Status: in_force

This compact shall be liberally construed so as to effectuate the purposes thereof. If this compact shall be held contrary to the constitution of any state member thereto, the compact shall remain in full force and effect as to the remaining compact states.
S.C. Code Ann. § 40-59-830 — SC Code / Title 40 / Chapter 59 / Article 5 / Section 40-59-830
SECTION 40-59-830. Stay of action until compliance with article.
Status: in_force

If the claimant files an action in court before first complying with the requirements of this article, on motion of a party to the action, the court shall stay the action until the claimant has complied with the requirements of this article. Editor's Note 2003 Act No. 82, SECTION 2, provides as follows: "This act takes effect upon approval by the Governor and applies to claims arising on or after this act's effective date [July 2, 2003]."
S.C. Code Ann. § 40-36-130 — SC Code / Title 40 / Chapter 36 / Article 1 / Section 40-36-130
SECTION 40-36-130. Grounds for denial of license may be same as for disciplinary action.
Status: in_force

As provided for in Section 40-1-130, the board may deny licensure to an applicant based on the same grounds for which the board may take disciplinary action against a licensee.
S.C. Code Ann. § 40-19-130 — SC Code / Title 40 / Chapter 19 / Section 40-19-130
SECTION 40-19-130. Grounds for denial of license may be same as for disciplinary action.
Status: in_force

As provided for in Section 40-1-130, the board may deny licensure to an applicant based on the same grounds for which the board may take disciplinary action against a licensee.
S.C. Code Ann. § 40-28-220 — SC Code / Title 40 / Chapter 28 / Section 40-28-220
SECTION 40-28-220. Transfer of functions, powers, duties, responsibilities, and authority to board.
Status: in_force

The functions, powers, duties, responsibilities, and authority statutorily exercised by the Department of Natural Resources concerning the registration and regulation of landscape architects are transferred to the board.
S.C. Code Ann. § 40-47-735 — SC Code / Title 40 / Chapter 47 / Article 6 / Section 40-47-735
SECTION 40-47-735. Licenses to perform auricular detoxification therapy; qualifications; temporary licenses.
Status: in_force

(A) An applicant for a license to perform auricular detoxification therapy: (1) must be at least twenty-one years of age; (2) shall submit a completed application as prescribed by the board; (3) shall submit fees as provided for in Section 40-47-800; (4) shall have successfully completed a nationally recognized training program in auricular detoxification therapy for the treatment of chemical dependency detoxification and substance abuse, as approved by the board; (5) shall have successfully completed a nationally recognized clean needle technique course approved by the board. (B) The application must be complete in every detail before it may be approved. When the administrative staff of the board has reviewed the entire application for completeness and correctness, has found the applicant eligible, and the applicant has appeared before the committee or a designated board member, a temporary license may be issued. At the next committee meeting the entire application must be considered, and if qualified, the committee may recommend to the board that a permanent license be issued. If the committee declines to recommend issuance of a permanent license, the committee may extend or withdraw the temporary license.
S.C. Code Ann. § 40-2-170 — SC Code / Title 40 / Chapter 2 / Article 1 / Section 40-2-170
SECTION 40-2-170. Costs of investigation and prosecution.
Status: in_force

(A) In an order issued in resolution of a disciplinary proceeding before the board, a licensee found in violation of the applicable licensing act may be directed to pay a sum not to exceed the reasonable costs of the investigation and prosecution of the case in addition to other sanctions. (B) A certified copy of the actual costs, or a good faith estimate of costs where actual costs are not available, signed by the director, or the director's designee, is prima facie evidence of reasonable costs. (C) Failure to make timely payment in accordance with the order results in the collection of costs in accordance with Section 40-1-180. (D) The board may conditionally renew or reinstate for a maximum of one year the license of an individual who demonstrates financial hardship and who enters into a formal agreement to reimburse the board within that time period for the unpaid costs. Effect of Amendment 2022 Act No. 174, SECTION 1, reenacted the section with no apparent change.
S.C. Code Ann. § 40-67-210 — SC Code / Title 40 / Chapter 67 / Article 1 / Section 40-67-210
SECTION 40-67-210. Civil and injunctive relief.
Status: in_force

In addition to initiating a criminal proceeding for a violation of this chapter, the board also may seek civil and injunctive relief pursuant to Section 40-1-210.
S.C. Code Ann. § 40-45-70 — SC Code / Title 40 / Chapter 45 / Article 1 / Section 40-45-70
SECTION 40-45-70. Additional powers and duties of board.
Status: in_force

In addition to the powers and duties provided in this chapter, the board has those powers and duties set forth in Section 40-1-70.
S.C. Code Ann. § 40-79-80 — SC Code / Title 40 / Chapter 79 / Section 40-79-80
SECTION 40-79-80. Investigation of complaints and violations.
Status: in_force

The South Carolina Department of Labor, Licensing and Regulation shall investigate complaints and violations of this chapter as provided for in Section 40-1-80.
S.C. Code Ann. § 40-10-250 — SC Code / Title 40 / Chapter 10 / Section 40-10-250
SECTION 40-10-250. Fire Protection Sprinkler System Specification Sheet; completion of form; attachment to building permit applications.
Status: in_force

(A) A "Fire Protection Sprinkler System Specification Sheet" must be completed for every fire protection sprinkler system, and submitted on a form approved by the State Fire Marshal's Office to the authority having jurisdiction. The completed form must contain the following information at a minimum: (1) the available static and residual water pressure from a flow test conducted less than one year before submittal; (2) the volume per minute of the available water flow and duration; (3) the source of water supply; (4) the NFPA hazard classifications and details of storage arrangement, if applicable; (5) the occupancy use of the building, or the area to be sprinkled; (6) the type of system to be installed; (7) the applicable National Fire Protection Association standards to be followed for each component of the system; (8) other state and local statutes, regulations, codes, or ordinances that must be followed; (9) the name, address, title, and phone number of the person developing the fire sprinkler system specification sheet. (B) The form must be completed by: (1) a professional engineer licensed in this State bearing his professional seal and signature; or (2) a fire sprinkler contractor licensed in this State with a qualifying party holding a NICET Level IV Technician Certification in "Fire Protection Engineering Technology Automatic Sprinkler System Layout" if a specific statute, regulation, or ordinance does not require the services of a licensed professional engineer. The qualifying party must be the individual completing the form, and he must place his name on the lower right hand corner on the first page of the form with the words "Qualifying Party" after his name and with his qualifying party certificate number. (C) When applying for building permits or other required permits, the Fire Sprinkler System Specification Sheet completed in accordance with subsections (A) and (B) must be made part of the bid documents and must be submitted to the authority having jurisdiction, along with the architectural or engineering, or both, drawings and specifications. The completed Fire Sprinkler System Specification Sheet must accompany the shop drawings when they are submitted for review.
S.C. Code Ann. § 40-54-80 — SC Code / Title 40 / Chapter 54 / Section 40-54-80
SECTION 40-54-80. Penalties.
Status: in_force

(A) Any dealer wilfully violating the provisions of this chapter is guilty of a misdemeanor and upon conviction for a first offense must be fined not more than five hundred dollars, imprisoned for not more than ninety days, or both. A second offense conviction is punishable by a fine of not more than two thousand dollars, imprisonment for not more than one year, or both. A third or subsequent offense conviction is punishable by a fine of not more than five thousand dollars, imprisonment for not more than three years, or both. A dealer convicted of a second offense is ineligible for a permit to conduct business in precious metals in this State for at least two years and a dealer convicted of a third or subsequent offense is ineligible for a permit for a least five years. (B)(1) In addition to the provisions of subsection (A), any dealer who wilfully makes a purchase with an invalid, suspended, or revoked license as a dealer of precious metals is guilty of a misdemeanor and upon conviction for a: (a) first offense must be fined not more than five hundred dollars, imprisoned for not more than ninety days, or both; (b) second offense must be fined not more than two thousand dollars, imprisoned for not more than one year, or both; and (c) third offense must be fined not more than five thousand dollars, imprisoned for not more than three years, or both. (2)(a) A dealer convicted of a second offense is ineligible for a permit to conduct business in precious metals in this State for at least two years; and (b) a dealer convicted of a third offense is ineligible for a permit to conduct business in precious metals in this State for at least five years. (3) A penalty under this section is cumulative to penalties in items (1) and (2). Effect of Amendment 2014 Act No. 292, SECTION 5, added subsection designator (A), rewrote subsection (A), and added subsection (B).
S.C. Code Ann. § 40-8-210 — SC Code / Title 40 / Chapter 8 / Section 40-8-210
SECTION 40-8-210. Licensing of existing cemeteries.
Status: in_force

(A) A perpetual care cemetery licensed by the South Carolina Cemetery Board and operating in good standing on June 30, 1990, may continue to operate and must be granted a license by the South Carolina Perpetual Care Cemetery Board. (B) A perpetual care cemetery established between July 1, 1990, and the effective date of this chapter may continue to operate and must be granted a license by the South Carolina Perpetual Care Cemetery Board, provided an Irrevocable Care and Maintenance Trust Fund Agreement with a trust institution doing business in this State has been properly entered into by the perpetual care cemetery, and a copy of the same is on file with the board. (C) Effective January 1, 2003, all perpetual care cemeteries must be operated in accordance with the provisions of this chapter.
S.C. Code Ann. § 40-29-170 — SC Code / Title 40 / Chapter 29 / Section 40-29-170
SECTION 40-29-170. Confidentiality of investigations, privilege, Freedom of Information Act.
Status: in_force

Investigations conducted under the provisions of this chapter are confidential and all communications are privileged as provided for in Section 40-1-190. However, upon completion of the investigation, the findings of the board are subject to disclosure in accordance with the Freedom of Information Act.
S.C. Code Ann. § 40-39-60 — SC Code / Title 40 / Chapter 39 / Section 40-39-60
SECTION 40-39-60. Actions on bond.
Status: in_force

If any person is aggrieved by the misconduct of any licensed pawnbroker and recovers judgment against him thereafter, he may, after the return unsatisfied, either in whole or in part, of any execution issued upon the judgment, maintain an action in his own name upon the bond of the pawnbroker in any court having jurisdiction of the amount claimed. Editor's Note Prior Laws:1900 (23) 427; Civ. C. '02 SECTION 1750; Civ. C. '12 SECTION 2626; Civ. C. '22 SECTION 3947; 1932 Code SECTION 7131; 1942 Code SECTION 7131; 1952 Code SECTION 56-1156; 1962 Code SECTION 56-1156.
S.C. Code Ann. § 40-6-290 — SC Code / Title 40 / Chapter 6 / Section 40-6-290
SECTION 40-6-290. Written agreements between owner and auctioneer; records; possession of pocket card license.
Status: in_force

(A) No licensee may conduct an auction in this State without first having a written agreement with the owner of any property to be sold. The agreement shall contain the terms and conditions upon which the licensee received the goods for sale. The licensee shall provide the owner with a signed copy of the agreement and shall keep at least one copy for three years from the date of the agreement. A written agreement is not required for a sale at auction if the sale is made at an auction house or similar place where members of the public are generally offered the opportunity to present goods for sale. Copies of all contracts must be made available to the commission or its designated agent upon request. (B) A licensee shall maintain accurate records upon receipt of goods for auction and before their sale, which shall include the name and address of the person who employed the licensee to sell the goods at auction and the name and address of the owner of the goods to be sold. These records must be open for inspection by the commission or its designated agent upon request. (C) A licensee shall have his pocket card license in his possession at each auction he conducts. Editor's Note Prior Laws:1977 Act No. 111, SECTION 15; 1993 Act No. 155, SECTION 12; 1976 Code SECTION 40-6-150.
S.C. Code Ann. § 40-33-40 — SC Code / Title 40 / Chapter 33 / Article 1 / Section 40-33-40
SECTION 40-33-40. Demonstration of competency for initial and renewal of licenses.
Status: in_force

(A) Demonstration of competency for initial licensure requires documented evidence of the following: (1) graduation from an approved nursing education program; and (2) successful completion of the NCLEX appropriate to the area of licensure and appropriate credentials for advanced practice registered nursing licensure, if applicable. (B) Demonstration of competency for: (1) renewal of an active license biennially requires documented evidence of at least one of the following requirements during the licensure period: (a) completion of thirty contact hours from a continuing education provider recognized by the board; (b) maintenance of certification or recertification by a national certifying body recognized by the board; (c) completion of an academic program of study in nursing or a related field recognized by the board; or (d) verification of competency and the number of hours practiced, as evidenced by employer certification on a form approved by the board; (2) reinstatement from lapsed or inactive status of five years or less requires documented evidence of at least one of the following within the preceding two years: (a) completion of thirty contact hours from a continuing education provider recognized by the board and successful completion of a course in legal aspects approved by the board; (b) maintenance of certification or recertification by a national certifying body recognized by the board; (c) completion of an academic program of study in nursing or a related field recognized by the board; (d) verification of competency and the number of hours practiced, as evidenced by employer certification on a form approved by the board; or (e) successful completion of a refresher course approved by the board; (3) reinstatement from lapsed or inactive status of more than five years requires documented evidence of at least one of the following within the preceding two years: (a) successful completion of a refresher course approved by the board; or (b) successful completion of the NCLEX appropriate to the area of licensure. (C) Demonstration of competency for reinstatement from lapsed or inactive status or licensure of a person who holds a current authorization to practice in another state or jurisdiction in this country or territory or dependency of the United States requires documented evidence of at least one of the requirements in subsection (B) during the preceding two years. (D) Failure to comply with applicable continued competency requirements results in nonrenewal or denial of the application. A licensee shall maintain all documented evidence of compliance for at least four years. This documented evidence must be presented by the licensee within five business days of request by a representative of the department acting in its discretion or in accordance with a random audit of a sample of licensees. Failure to provide satisfactory documented evidence of compliance within the prescribed time results in the immediate temporary suspension or cancellation of the license pending compliance with all requirements for licensure and until order of the board.
S.C. Code Ann. § 40-47-955 — SC Code / Title 40 / Chapter 47 / Article 7 / Section 40-47-955
SECTION 40-47-955. Scope of PA's practice; physical presence requirements of supervising physician; practices in separate locations.
Status: in_force

(A) The supervising physician is responsible for all aspects of the PA's practice. Supervision must be continuous but must not be construed as necessarily requiring the physical presence of the supervising physician at the time and place where the services are rendered, except as otherwise required for limited licensees. The supervising physician shall identify the PA's scope of practice and determine the delegation of medical acts, tasks, or functions. Medical acts, tasks, or functions must be defined in written scope of practice guidelines which must be appropriate to the PA's ability and knowledge. (B) Pursuant to scope of practice guidelines, a PA may: (1) practice in a public place, a private place, or a facility where the supervising physician regularly sees patients; and (2) make house calls, perform hospital duties, perform telemedicine, and perform any functions performed by the supervising physician if the PA is also qualified to perform those functions. (C) A PA who has less than two years continuous practice or who is changing specialties may not practice at a location off site from the supervising physician until the PA has sixty days clinical experience on-site with the supervising physician. This sixty-day requirement, or a portion thereof, may be waived by the supervising physician in writing on a form approved by the board and submitted to the board. The supervising physician or alternate must review, initial, and date the offsite physician assistant's charts periodically as specified in the written scope of practice guidelines to ensure quality of care and patient safety. Effect of Amendment The 2013 amendment, in subsection (A), substituted "defined in written scope of practice guidelines" for "defined in approved written guidelines"; and rewrote subsections (B) through (D). 2018 Act No. 234, SECTION 8, rewrote (B), including telemedicine in the scope of physician assistants' practice. 2019 Act No. 32, SECTION 2, rewrote the section.
S.C. Code Ann. § 40-39-30 — SC Code / Title 40 / Chapter 39 / Section 40-39-30
SECTION 40-39-30. Certificate of authority required for each business location; penalties; location of retained pledged goods; posting of operation hours.
Status: in_force

(A) No person may carry on the business of a pawnbroker in any location other than the one designated in his certificate of authority, under penalty of administrative fine, revocation of his certificate of authority, or other action by the administrator pursuant to regulation or criminal prosecution as set out in this chapter. (B) No pawnbroker may retain pledged goods in a location other than the location designated in the certificate of authority without first filing a notification with the department. A request made pursuant to this subsection must be on a form prescribed by the department. (C) A pawnbroker conspicuously shall post the hours of operation and any closure at each location. Editor's Note Prior Laws:1900 (23) 427; Civ. C. '02 SECTION 1749; Civ. C. '12 SECTION 2625; Civ. C. '22 SECTION 3946; 1932 Code SECTION 7130; 1942 Code SECTION 7130; 1952 Code SECTION 56-1153; 1962 Code SECTION 56-1153. Effect of Amendment 2016 Act No. 262, SECTION 6, inserted the paragraph designators; in (A), twice substituted "certificate of authority" for "Certificate of Authority"; and added (B) and (C), relating to location of retained pledged goods and operation hours postings.
S.C. Code Ann. § 40-79-300 — SC Code / Title 40 / Chapter 79 / Section 40-79-300
SECTION 40-79-300. Bankruptcy of licensee; dissolution of business.
Status: in_force

(A) A licensee who, voluntarily or involuntarily, is subjected to any provision of the laws of bankruptcy, shall notify the board within fifteen days and provide any and all pertinent information as the board may require. (B) Where a licensee's business is dissolved, for whatever reason, that license must be canceled.
S.C. Code Ann. § 40-15-240 — SC Code / Title 40 / Chapter 15 / Article 1 / Section 40-15-240
SECTION 40-15-240. Application for license to practice specialty.
Status: in_force

Every person who desires to obtain a license to practice a specialty of dentistry shall apply therefor to the board in writing and upon blanks prepared and furnished for the purpose not less than forty-five days before the board meets.
S.C. Code Ann. § 40-53-110 — SC Code / Title 40 / Chapter 53 / Section 40-53-110
SECTION 40-53-110. Licensing of person licensed under laws of another state or territory.
Status: in_force

An applicant who is a polygraph examiner licensed under the laws of another state or territory of the United States may be issued a license without examination by the Division, in its discretion, upon payment of a fee of fifty dollars and the production of satisfactory proof that: (a) He is at least twenty-one years of age; (b) He is a citizen of the United States; (c) He is of good moral character; (d) The requirements for licensing of polygraph examiner in such particular state or territory of the United States were at the date of the applicant's licensing therein substantially equivalent to the requirements now in force in this State; (e) The applicant had lawfully engaged in the administration of polygraph examinations under the laws of such state or territory for at least two years prior to his application for license hereunder; (f) Such other state or territory grants similar reciprocity to license holders of this State; and (g) He has complied with SECTION 40-53-100.
S.C. Code Ann. § 40-47-38 — SC Code / Title 40 / Chapter 47 / Article 1 / Section 40-47-38
SECTION 40-47-38. Maintenance of Certification not required for licensure, reimbursement, employments, or admitting privileges.
Status: in_force

(A) No provision of this article may be construed to require a physician to secure a Maintenance of Certification as a condition of: (1) licensure; (2) reimbursement; (3) employment; or (4) admitting privileges at a hospital or federally qualified health center in this State. (B) For the purposes of this article: (1) "Federally qualified health center" or "FQHC" means a health center that receives a federal public health services grant under the Public Health Services Act, 42 U.S.C. 254b, as amended, or another health center designated by the United States Health Resources and Services Administration as a federally qualified health center. (2) "Maintenance of Certification" or "MOC" means a continuing education program that measures core competencies in the practice of medicine and surgery and is approved by a nationally recognized accrediting organization.
S.C. Code Ann. § 40-23-150 — SC Code / Title 40 / Chapter 23 / Section 40-23-150
SECTION 40-23-150. License; voluntary surrender.
Status: in_force

A licensee under investigation for a violation of this chapter or a regulation promulgated under this chapter may voluntarily surrender the license in accordance with Section 40-1-150. A voluntary surrender does not deprive the board of jurisdiction to pursue any pending or future disciplinary proceedings involving the licensee.
S.C. Code Ann. § 40-38-360 — SC Code / Title 40 / Chapter 38 / Section 40-38-360
SECTION 40-38-360. Service of required notices; prima facie evidence.
Status: in_force

Notices required by this chapter may be sent by registered mail, return receipt requested, to the person's last mailing address furnished to the board. The post office registration receipt signed by the recipient, his agent, or a responsible member of his household or office staff or, if not accepted by the person to whom addressed, the postal authority stamp showing the notice refused is prima facie evidence of service of the notice.
S.C. Code Ann. § 40-2-255 — SC Code / Title 40 / Chapter 2 / Article 1 / Section 40-2-255
SECTION 40-2-255. Renewal of registration; peer reviews.
Status: in_force

(A) A registrant shall file an application for renewal of the calendar-year registration on or before the renewal date of the following year. (B) The application for renewal of a registration shall include: (1) current information concerning ownership; (2) current information concerning the identity of the licensee in charge of the office; (3) renewal fee, if any. (C) As a condition of renewal of registration, an applicant who engages in attest or compilation services, or both, must provide evidence of satisfactory completion of peer review no more frequently than once every three years. Peer review must be conducted in a manner as the board specifies by regulation. This review must include a verification that individuals in the firm, who are responsible for supervising attest or compilation services, or both, and who sign or authorize someone to sign the accountant's report on the financial statements on behalf of the firm, meet the competency requirements set out in the professional standards for these services and these regulations must: (1) require an applicant to show that the applicant has, within the preceding three years, undergone a peer review that is a satisfactory equivalent to peer review as generally required pursuant to this subsection; (2) require peer reviews to be subject to oversight by a body established or sanctioned by the board, which shall periodically report to the board on program review effectiveness under its charge and provide to the board a listing of firms that have participated in a peer review program; (3) require peer reviews to be conducted and that work and documents be maintained in a manner designed to preserve confidentiality of documents furnished or generated in the course of the review. (D) All licensees who have not filed an application for renewal by the renewal due date shall be given notification, prior to the renewal lapse date, that an application for renewal has not been received. (E) If a registrant does not file an application for renewal on or before the renewal due date, then the registration is considered late. If a registrant does not file an application for renewal on or before the renewal lapse date, then the registration is considered lapsed. Continued practice with a lapsed registration may be sanctioned as the unlicensed practice of accounting. (F) Renewal applications filed or completed after the renewal lapse date are subject to a reinstatement fee in the amount of five hundred dollars. Effect of Amendment 2015 Act No. 51, SECTION 8, rewrote the section. 2022 Act No. 174, SECTION 1, in (A), substituted "the renewal date" for "February first"; inserted (D) and redesignated former (D) as (E); rewrote (E); and added (F).
S.C. Code Ann. § 40-51-210 — SC Code / Title 40 / Chapter 51 / Section 40-51-210
SECTION 40-51-210. Podiatric surgeries; facilities.
Status: in_force

(A) Surgery of the ankle and soft tissue structures governing the ankle must be performed in an accredited hospital or ambulatory surgical center. A podiatrist who performs osseous (boney) surgical procedures of the ankle and related soft tissue structures governing the ankle must be board-certified or board-qualified by the American Board of Foot and Ankle Surgery, must have graduated from a three-year residency program in podiatric medicine and reconstructive rear foot and ankle (RRA) surgery accredited by the Council on Podiatric Medical Education or its successor organization at the time of graduation, and shall satisfy all requirements for credentials as outlined by the facility. In addition to granting or denying privileges, the governing body of each hospital or ambulatory surgical center may suspend, revoke, or modify these privileges. An applicant or individual who has privileges shall comply with applicable medical staff bylaws, rules, and regulations, including the policies and procedures governing the qualifications of applicants and the scope and delineation of privileges. (B) With respect to the practice of podiatry in health facilities throughout this State, medical staff governing documents shall include and provide for the right to pursue and practice full clinical and surgical privileges for holders of a Doctor of Podiatric Medicine (DPM) degree within the scope of his licensure. These rights and privileges only may be limited or restricted on the basis of the demonstrated competence of an individual practitioner. This competence must be determined by health facility rules, regulations, and procedures that are necessary and are applied in good faith, equally and in a nondiscriminatory manner, to all practitioners regardless of their professional degree. (C) Nothing in this section may be construed to require a health facility to offer a specific health service not otherwise offered by it. If a health service is offered, the facility shall not discriminate among people holding Doctor of Medicine, Doctor of Osteopathy, or Doctor of Podiatric Medicine degrees who are authorized by law to provide these health services.
S.C. Code Ann. § 40-2-570 — SC Code / Title 40 / Chapter 2 / Article 3 / Section 40-2-570
SECTION 40-2-570. Disciplinary action.
Status: in_force

(A) After notice and hearing pursuant to Section 40-2-210, the board may revoke a license or permit as accounting practitioner issued under this article; suspend a license or permit for a period of not more than five years; reprimand, censure, or limit the scope of practice of a license or permit holder; impose an administrative fine not exceeding ten thousand dollars; or place a license or permit holder on probation, all with or without terms, conditions, and limitation for any one or more of these reasons: (1) fraud or deceit in obtaining a license or permit; (2) cancellation, revocation, or suspension of, or refusal to renew authority to engage in the practice of public accountancy in another state, territory of the United States, or the District of Columbia for any cause; (3) revocation or suspension of the right to practice before a state or federal agency; (4) dishonesty, fraud, or gross negligence in the practice of public accounting or in filing or failure to file the license or permit holder's own income tax return; (5) violation of a provision of this article or Article 1 or a regulation promulgated by the board under the authority granted by this chapter; (6) violation of a rule of professional conduct promulgated by the board under the authority granted by this chapter; (7) conviction of a felony or any crime, an element of which is dishonesty or fraud, under the laws of the United States, of this State, or another state if the acts involved would have constituted a crime under the laws of this State. The record of conviction or a copy of the record, certified by the clerk of court or the judge in whose court the conviction is had, is conclusive evidence of the conviction and "conviction" shall include a plea of guilty or a plea of nolo contendere; (8) performance of a fraudulent act while holding a license or permit under this article; or (9) conduct reflecting adversely upon the license or permit holder's fitness to engage in the practice of public accountancy. (B)(1) In lieu of or in addition to a remedy specifically provided in subsection (A), the board may require one or more of these requirements of a license or permit holder: (a) a quality review conducted in a fashion as the board may require; or (b) satisfactory completion of continuing professional education programs as the board may specify. (2) A "quality review" means a study, appraisal, or review of one or more aspects of the professional work of a person or firm in the practice of public accountancy by a person or persons who hold certificates or licenses and who are not affiliated with the person or firm being reviewed. (C) In a proceeding in which a remedy imposed by subsections (A) and (B) is imposed, the board also may require the respondent license or permit holder to pay the costs of the proceeding. Effect of Amendment 2022 Act No. 174, SECTION 1, in (A), substituted "Section 40-2-210" for "Section 40-2-310"; and redesignated (B) as (B)(1), (1) and (2) as (a) and (b), and inserted the (2) designator.
S.C. Code Ann. § 40-39-70 — SC Code / Title 40 / Chapter 39 / Section 40-39-70
SECTION 40-39-70. Recordkeeping; identity verifications; only owners or their agents may pawn or sell.
Status: in_force

(A) A pawnbroker shall keep a record, at the time of any loan or purchase, containing: (1) an account, description, and digital photograph of the goods, articles, or things pawned, pledged, or purchased; (2) the amount of money loaned thereon; (3) the time of pledging them; (4) the charges or the rate of interest to be paid on the loan; and (5) the name and residence of the person selling, pawning, or pledging the goods, articles, or things. (B) Before a pledge or purchase, the pawnbroker shall verify the identity of the pledgor or seller by reviewing a state-issued or federally issued photographic identification card, including a United States military identification card, or a passport issued by the United States. (C) A pawn or purchase transaction must be performed by the owner of the property, or his authorized agent, whose identity and agency relationship must be verified by the pawnbroker. Editor's Note Prior Laws:1900 (23) 427; Civ. C. '02 SECTION 1751; Civ. C. '12 SECTION 2627; Civ. C. '22 SECTION 3948; 1932 Code SECTION 7132; 1942 Code SECTION 7132; 1952 Code SECTION 56-1157; 1962 Code SECTION 56-1157; 1962 (52) 1959. Effect of Amendment 2016 Act No. 262, SECTION 9, inserted paragraph designator (A); in (A), inserted "or purchase", and inserted "selling"; and added (B) and (C), relating to identity verification and transaction performance requirements. 2018 Act No. 191, SECTION 1, amended (A), requiring pawnbrokers to keep digital photographs of goods, articles, or things pawned.
S.C. Code Ann. § 40-10-190 — SC Code / Title 40 / Chapter 10 / Section 40-10-190
SECTION 40-10-190. Confidentiality.
Status: in_force

Investigations and proceedings conducted under this chapter are confidential and all communications are privileged as provided in Section 40-1-190.
S.C. Code Ann. § 40-28-110 — SC Code / Title 40 / Chapter 28 / Section 40-28-110
SECTION 40-28-110. Investigative procedures.
Status: in_force

An investigation must be conducted in accordance with Section 40-1-80.
S.C. Code Ann. § 40-18-40 — SC Code / Title 40 / Chapter 18 / Section 40-18-40
SECTION 40-18-40. Licenses to operate security or private investigation business; transferability; surrender on termination of business or change of ownership.
Status: in_force

Licenses to operate security or private investigation businesses are the property of SLED and are not transferable. Licenses must be surrendered immediately to SLED upon the termination of a business or upon a change of ownership, possession, or control of a corporation or business entity. The transfer of twenty-five percent or more of corporate stock is considered a change in ownership.
S.C. Code Ann. § 40-57-120 — SC Code / Title 40 / Chapter 57 / Article 1 / Section 40-57-120
SECTION 40-57-120. Nonresident licensees; change in residency; referral fees by resident licensees.
Status: in_force

(A) The commission may recognize applicants who have a license on active status from other jurisdictions only if the other jurisdiction recognizes South Carolina real estate licenses on active status and the other jurisdiction's real estate regulatory authority has entered into a reciprocity agreement with the commission. The commission may enter into reciprocal agreements with real estate regulatory authorities of other jurisdictions that provide for waivers of education requirements, experience requirements, or examinations if the commission considers the education, experience, and examination requirements of another jurisdiction to be substantially equivalent to the requirements of this chapter. (B) A nonresident licensee, acknowledged by the commission, is not required to maintain a place of business in this State if the nonresident maintains an active place of business in the state of residence. A nonresident applicant shall file an irrevocable consent that suits and actions may be commenced against him in the proper court in a judicial circuit of the state in which a cause of action may arise or in which the plaintiff may reside. (C)(1) A resident licensee who becomes a nonresident must notify the commission in writing, within thirty days, of the change in residency and comply with nonresident requirements or place his license on inactive status to avoid cancellation of the license. (2) A nonresident licensee who becomes a resident of South Carolina must notify the commission in writing, within thirty days, of the change in residency and comply with the requirements of this chapter or place his license on inactive status to avoid cancellation of the license. (3) Failure to timely notify the commission of a change in residency or failure to comply with the requirements of this subsection are violations of this chapter subject to penalties provided in Section 40-57-710. (D) A nonresident applicant or licensee must comply with all requirements of commission regulations and of this chapter. The commission may adopt regulations necessary for the regulation of nonresident licensees. (E) A resident licensee may pay a part of his commission as a referral fee on a cooperative basis to a brokerage of another state or jurisdiction if that brokerage's license does not conduct, in this State, a real estate brokerage service for which a fee, compensation, or commission is paid. Editor's Note Prior Laws:1957 (50) 193; 1960 (51) 1727; 1962 Code SECTION 56-1545.13; 1972 (57) 2649; 1988 Act No. 609, SECTION 2; 1994 Act No. 385, SECTION 10; 1976 Code SECTION 40-57-140. Effect of Amendment 2016 Act No. 170, SECTION 1, rewrote the section, deleting former (A) and (B), relating to reciprocity, redesignating former (C) through (F) as (A) through (D), and adding (G). 2017 Act No. 77, SECTION 1, in (A), added the third sentence, providing that the commission may enter into reciprocal agreements with real estate regulatory authorities of other jurisdictions. 2024 Act No. 204, SECTION 3, rewrote (A); and in (C)(3), substituted "or failure" for "and compliance".
S.C. Code Ann. § 40-81-520 — SC Code / Title 40 / Chapter 81 / Section 40-81-520
SECTION 40-81-520. Nonprofit or charitable events and exhibitions.
Status: in_force

Events or exhibitions sponsored, promoted, or conducted by nonprofit or charitable organizations are subject to this chapter and regulations promulgated under this chapter; however, the commission may reimburse all or part of any fees paid under Section 40-81-360 for good cause shown by the nonprofit or charitable organization.
S.C. Code Ann. § 40-47-113 — SC Code / Title 40 / Chapter 47 / Article 1 / Section 40-47-113
SECTION 40-47-113. Establishment of physician-patient relationship as prerequisite to prescribing drugs; unprofessional conduct.
Status: in_force

(A) It is unprofessional conduct for a licensee initially to prescribe drugs to an individual without first establishing a proper physician-patient relationship. A proper relationship, at a minimum, requires that the licensee make an informed medical judgment based on the circumstances of the situation and on the licensee's training and experience and that the licensee: (1) personally perform and document an appropriate history and physical examination, make a diagnosis, and formulate a therapeutic plan; (2) discuss with the patient the diagnosis and the evidence for it, and the risks and benefits of various treatment options; and (3) ensure the availability of the licensee or coverage for the patient for appropriate follow-up care. (B) Notwithstanding subsection (A), a licensee may prescribe for a patient whom the licensee has not personally examined under certain circumstances including, but not limited to, writing admission orders for a newly hospitalized patient, prescribing for a patient of another licensee for whom the prescriber is taking call, prescribing for a patient examined by a licensed advanced practice registered nurse, a physician assistant, or other physician extender authorized by law and supervised by the physician, continuing medication on a short-term basis for a new patient before the patient's first appointment, or prescribing for a patient for whom the licensee has established a physician-patient relationship solely via telemedicine so long as the licensee complies with Section 40-47-37 of this act. (C) Prescribing drugs to individuals the licensee has never personally examined based solely on answers to a set of questions is unprofessional. Effect of Amendment 2016 Act No. 210, SECTION 4, rewrote (B), authorizing the prescription of medication as part of the practice of telemedicine and establishing limitations.
S.C. Code Ann. § 40-23-340 — SC Code / Title 40 / Chapter 23 / Section 40-23-340
SECTION 40-23-340. Well driller practice categories; restrictions.
Status: in_force

(A)(1) A well driller authorized to practice as an environmental well driller may engage in the drilling of environmental wells of construction Types I through VI, inclusive, as these wells are defined by Section 40-23-20. However, these wells must be constructed in accordance with all applicable well construction requirements of the State Safe Drinking Water Act and associated regulations and any other applicable requirements of law. (2) A well driller authorized to practice as a coastal well driller may engage in the drilling of wells, other than environmental wells, of construction Types II, III, IV, and V as these wells are defined by Section 40-23-20. However, these wells must be constructed in accordance with all applicable well construction requirements of the State Safe Drinking Water Act and associated regulations and any other applicable requirements of law. (3) A well driller authorized to practice as a rock well driller may engage in the drilling of wells, other than environmental wells, of construction Type I as these wells are defined by Section 40-23-20. However, these wells must be constructed in accordance with all applicable well construction requirements of the State Safe Drinking Water Act and associated regulations and any other applicable requirements of law. (4) A well driller authorized to practice as a bored well driller may engage in the drilling of wells, other than environmental wells, of construction Type V as these wells are defined by Section 40-23-20. However, these wells must be constructed in accordance with all applicable well construction requirements of the State Safe Drinking Water Act and associated regulations and any other applicable requirements of law. (B)(1) A Class "D" well driller may not engage in the construction of wells that are not within the well drilling category for which the Class "D" well driller is licensed. Further, a Class "D" well driller may practice only as a bona fide employee of a Class "A" or Class "B" driller, and under direct supervision of a Class "A", Class "B", or Class "C" driller who is licensed to practice in the same well drilling category of the Class "D" driller. (2) A Class "C" well driller may not engage in the construction of or supervise the construction of wells that are not within the well drilling category for which the Class "C" driller is licensed. Further, a Class "C" driller may practice only as a bona fide employee and under the direct supervision of a Class "A" or Class "B" driller who is licensed to practice in the same well drilling category of the Class "C" driller. (3) A Class "B" well driller may not engage in the construction of or supervise the construction of wells that are not within the well drilling category for which the Class "B" well driller is licensed. A Class "B" driller is not required to practice as an employee of any other licensee, if the Class "B" driller is bonded in accordance with this chapter. (4) A Class "A" well driller may engage in the construction of wells in all well drilling classes. A Class "A" driller is not required to practice as an employee of any other licensee if the Class "A" driller is bonded in accordance with this chapter. Effect of Amendment 2014 Act No. 156, SECTION 8, in subsection (B)(1), twice substituted "Class 'D' Well Driller" for "apprentice", and substituted "under direct supervision" for "under accessible supervision"; and in subsection (B)(2), substituted "under the direct supervision" for "under the general supervision".
S.C. Code Ann. § 40-9-90 — SC Code / Title 40 / Chapter 9 / Section 40-9-90
SECTION 40-9-90. Grounds for revocation or suspension of licenses.
Status: in_force

Misconduct which constitutes grounds for a revocation, suspension or other restriction of a license or other discipline of a licensee shall be based upon a satisfactory showing to the board of any of the following: (1) That any false, fraudulent or forged statement has been used, or any fraudulent, deceitful or dishonest act has been practiced by the holder of a license in connection with any of the licensing requirements. (2) That the holder of a license is addicted to alcohol or drugs to such a degree as to render him unfit to practice chiropractic. (3) That the holder of a license has been convicted of the illegal or unauthorized practice of chiropractic. (4) That the holder of a license has knowingly performed any act which in any way assists an unlicensed person to practice chiropractic. (5) That the holder of a license has sustained any physical or mental disability which renders further practice by him dangerous to the public. (6) That the holder of a license has violated the code of ethics or regulations as adopted by the State Board of Chiropractic Examiners. (7) That the holder of a license is guilty of engaging in any dishonorable, unethical or unprofessional conduct that is likely to deceive or harm the public. (8) That the holder of a license is guilty of the use of any false or fraudulent statement in any document connected with the practice of chiropractic. (9) That the holder of a license is guilty of obtaining fees or assisting in obtaining such fees under dishonorable, false or fraudulent circumstances. (10) That the holder of a license has intentionally violated or attempted to violate, directly or indirectly, or is assisting in or abetting the violation or conspiring to violate any provisions or terms of the laws of chiropractic practice. (11) That the holder of a license is guilty of the commission of any act, during the course of practice conducted pursuant to a license issued under this chapter, that constitutes fraud, dishonest dealing, illegality, incompetence or gross negligence. In addition to all other remedies and actions provided for in this chapter, the license of any chiropractor adjudged mentally incompetent by any court of competent jurisdiction shall be automatically suspended by the board until he is adjudged by the court or in any other manner provided by law as being restored to mental competency.
S.C. Code Ann. § 40-67-70 — SC Code / Title 40 / Chapter 67 / Article 1 / Section 40-67-70
SECTION 40-67-70. Additional powers and duties of board.
Status: in_force

In addition to the powers and duties enumerated in Sections 40-1-70 through 40-1-100, the board shall: (1) regulate the issuance of speech-language pathology and audiology licenses; (2) promulgate regulations and establish policies and procedures necessary to carry out this chapter; and (3) discipline licensees in any manner permitted by this chapter or under Sections 40-1-110 through 40-1-150.
S.C. Code Ann. § 40-33-1340 — SC Code / Title 40 / Chapter 33 / Article 15 / Section 40-33-1340
SECTION 40-33-1340. Coordinated licensure information system and exchange of information.
Status: in_force

(A) All party states shall participate in a coordinated licensure information system of all licensed registered nurses (RNs) and licensed practical/vocational nurses (LPNs/VNs). This system will include information on the licensure and disciplinary history of each nurse, as submitted by party states, to assist in the coordination of nurse licensure and enforcement efforts. (B) The commission, in consultation with the administrator of the coordinated licensure information system, shall formulate necessary and proper procedures for the identification, collection, and exchange of information under this compact. (C) All licensing boards shall promptly report to the coordinated licensure information system any adverse action, any current significant investigative information, denials of applications, with the reasons for such denials, and nurse participation in alternative programs known to the licensing board regardless of whether such participation is considered nonpublic or confidential under state law. (D) Current significant investigative information and participation in nonpublic or confidential alternative programs must be transmitted through the coordinated licensure information system only to party state licensing boards. (E) Notwithstanding another provision of law, all party state licensing boards contributing information to the coordinated licensure information system may designate information that may not be shared with nonparty states or disclosed to other entities or individuals without the express permission of the contributing state. (F) Any personally identifiable information obtained from the coordinated licensure information system by a party state licensing board may not be shared with nonparty states or disclosed to other entities or individuals except to the extent permitted by the laws of the party state contributing the information. (G) Any information contributed to the coordinated licensure information system that is subsequently required to be expunged by the laws of the party state contributing that information must be expunged from the coordinated licensure information system. (H) The compact administrator of each party state shall furnish a uniform data set to the compact administrator of each other party state, which must include, at a minimum: (1) identifying information; (2) licensure data; (3) information related to alternative program participation; and (4) other information that may facilitate the administration of this compact, as determined by commission rules. (I) The compact administrator of a party state shall provide all investigative documents and information requested by another party state. Editor's Note 2005 Act No. 87, SECTION 7, provides as follows: "This act takes effect upon approval by the Governor and applies to nursing licenses applied for after September 30, 2006." Effect of Amendment 2017 Act No. 41, SECTION 1, rewrote the section to reflect changes mandated for membership in the Nurse Licensure Compact. Former section was titled Creation of coordinated data base; reporting adverse action; sharing information with nonparty states.
S.C. Code Ann. § 40-85-200 — SC Code / Title 40 / Chapter 85 / Section 40-85-200
SECTION 40-85-200. Confidentiality of investigations and proceedings.
Status: in_force

Investigations and proceedings conducted under this chapter are confidential, and all communications are privileged as provided in Section 40-1-190.
S.C. Code Ann. § 40-18-30 — SC Code / Title 40 / Chapter 18 / Section 40-18-30
SECTION 40-18-30. Powers and duties of South Carolina Law Enforcement Division (SLED).
Status: in_force

(A) The Chief of SLED has the following powers and duties as they relate to the practice of security businesses: (1) to determine the qualifications of applicants for licenses or registration under this chapter; (2) to promulgate regulations necessary to carry out this chapter; (3) to investigate alleged violations of this chapter and regulations promulgated by SLED; (4) to establish and enforce standards governing the safety and conduct of persons licensed and registered under this chapter; (5) to provide, with the advice and consent of the South Carolina Criminal Justice Academy, for the curriculum, training, and certification of training officers, and to approve the curriculum utilized by licensees for the training of their security officers to ensure that security officers have the requisite knowledge and skills necessary to carry out their duties in the private security business. The fee for the training of security company training officers must be determined by the designated training facility and be retained by the facility to defray the costs of conducting the training; and (6) to certify and register company training officers. (B) The Chief of SLED has the following powers and duties as they relate to the practice of private investigation businesses: (1) to determine the eligibility of applicants for licenses and registration under this chapter; (2) to investigate alleged violations of this chapter and regulations promulgated by SLED; (3) to promulgate regulations necessary to carry out this chapter; and (4) to require training necessary to provide for competent delivery of services to the public; (C) SLED must keep a record of all information received from other states and the United States Department of Justice pertaining to criminal identification systems. SLED must cooperate with other jurisdictions in criminal identification. (D) Fingerprint cards submitted to SLED pursuant to Sections 40-18-50, 40-18-60, 40-18-70, and 40-18-100 must be submitted by SLED to the Federal Bureau of Investigation to facilitate a national criminal records check of the applicant.
S.C. Code Ann. § 40-82-290 — SC Code / Title 40 / Chapter 82 / Section 40-82-290
SECTION 40-82-290. Grounding electrical circuits or appliances.
Status: in_force

Electrical circuits or electrical appliances including, but not limited to, radios, telephones, or other electrical apparatus may not be grounded to a liquefied petroleum gas system or appliance. A dealer or a dealer's agent finding a violation of this section shall request the owner of the property to remove the ground. If the owner fails to comply with this request, the dealer or the dealer's agent shall report the noncompliance immediately to the board through the Office of the State Fire Marshal.
S.C. Code Ann. § 40-36-590 — SC Code / Title 40 / Chapter 36 / Article 3 / Section 40-36-590
SECTION 40-36-590. Data system.
Status: in_force

(A) The commission shall provide for the development, maintenance, and use of a coordinated database and reporting system containing licensure, adverse action, and investigative information on all licensed individuals in member states. (B) A member state shall submit a uniform data set to the data system on all individuals to whom this compact is applicable, using a unique identifier, as required by the rules of the commission, including: (1) identifying information; (2) licensure data; (3) adverse actions against a license or compact privilege; (4) nonconfidential information related to alternative program participation; (5) any denial of application for licensure, and the basis for the denial; (6) other information that may facilitate the administration of this compact, as determined by the rules of the commission; and (7) current significant investigative information. (C) Current significant investigative information and other investigative information pertaining to a licensee in a member state will only be available to other member states. (D) The commission shall promptly notify all member states of an adverse action taken against a licensee or an individual applying for a license. Adverse action information pertaining to a licensee in any member state will be available to any other member state. (E) A member state that contributes information to the data system may designate information that may not be shared with the public without the express permission of the contributing state. (F) Information submitted to the data system that is subsequently required to be expunged by the laws of the member state contributing the information must be removed from the data system.
S.C. Code Ann. § 40-10-43 — SC Code / Title 40 / Chapter 10 / Section 40-10-43
SECTION 40-10-43. Engaging in fire sprinkler work; restrictions; contracts involving burglar alarm work.
Status: in_force

(A) It is unlawful to engage in fire sprinkler work under a name other than the exact name that appears on the license issued pursuant to this chapter. "Engaging in fire sprinkler work" includes marketing, advertising, using site signs, submitting contracts, and performing work. This requirement does not include advertising on vehicles, which may use an abbreviated version of the license name so long as the advertising is not misleading. (B) A licensed fire sprinkler contractor may be a subcontractor to another licensed fire sprinkler contractor who has the contract with a client to engage in fire sprinkler work. (C) A licensed fire sprinkler contractor who has the contract for fire sprinkler work may subcontract water line installation to a licensed water and sewer lines contractor when the waterline work is outside a structure and is included in the fire sprinkler system. (D) A licensed fire sprinkler contractor may subcontract fire sprinkler work regulated under this chapter to another licensed fire sprinkler contractor and must approve and be responsible for the work the subcontractor performed. Both fire sprinkler contractors may be held accountable by the board for improper work. A fire sprinkler contractor may not bid or perform any general or mechanical work that requires licensure. (E) A fire sprinkler contractor may submit a bid for a project which includes fire/burglar alarm work if fifty percent or more of the work to be performed is fire sprinkler work. The fire/burglar alarm work must be subcontracted to a licensed fire/burglar alarm contractor. The fire sprinkler contractor is responsible for the work performed by the fire/burglar alarm contractor. Both licensees may be held accountable by the board for improper work. The determination of the cost of the work involved on a project must be determined by the total cost of construction involved in the bid or contract or work to be performed.
S.C. Code Ann. § 40-47-114 — SC Code / Title 40 / Chapter 47 / Article 1 / Section 40-47-114
SECTION 40-47-114. Requiring professional competency, mental, or physical examination; request for review; obtaining records; confidentiality.
Status: in_force

(A) If the board finds that probable cause exists that a licensee or applicant may be professionally incompetent, addicted to alcohol or drugs, or may have sustained a physical or mental disability that may render practice by the licensee or applicant dangerous to the public or is otherwise practicing in a manner dangerous to the public, the board, without a formal complaint or opportunity for hearing, may require a licensee or applicant to submit to a professional competency, mental, or physical examination by authorized practitioners designated by the board. The results of an examination are admissible in a hearing before the board, notwithstanding a claim of privilege under a contrary rule of law. A person who accepts the privilege of engaging in licensed practice in this State pursuant to this chapter, or who files an application for a license to practice pursuant to this chapter, is considered to have consented to submit to a professional competency, mental, or physical examination and to have waived all objections to the admissibility of the results in a hearing before the board upon the grounds that this constitutes a privileged communication. If a licensee or applicant fails to submit to an examination when properly directed to do so by the board, unless the failure was due to circumstances beyond the person's control, the board shall enter an order automatically suspending or denying the license pending compliance and further order of the board. A licensee or applicant who is required to submit to a professional competency, mental, or physical examination may request by the close of the next business day after receipt of the requirement a review by the administrative hearing officer. Filing a written request for a review by the administrative hearing officer does not stay the time directed in which to submit to a professional competency, mental, or physical examination, and no stay may be issued, except as provided in this section. Upon proper written request, a review hearing must be conducted within three business days of receipt of the request, unless otherwise agreed by the parties. Failure to provide a review hearing within the prescribed time stays the time required to submit to a professional competency, mental, or physical examination until a decision is issued by the administrative hearing officer. The review hearing for purposes of this section must be limited to the issues of whether the person is a licensee or applicant, whether reasonable grounds exist to require a professional competency, mental, or physical examination, and whether the licensee or applicant has been informed that failure to submit to an examination will result in the entry of an order automatically suspending or denying the license pending compliance and further order of the board. The administrative hearing officer's decision is not subject to appeal. A licensee or applicant who is prohibited from practicing pursuant to this subsection must be afforded at reasonable intervals an opportunity to demonstrate to the board the ability to resume or begin the practice with reasonable skill and safety. (B) The board upon probable cause may obtain records relating to the professional competency or mental or physical condition of a licensee or applicant including, but not limited to, psychiatric records, which are admissible in a hearing before the board, notwithstanding any other provision of law. A person who accepts the privilege of engaging in licensed practice in this State pursuant to this chapter, or who files an application to practice pursuant to this chapter, is considered to have consented to the board obtaining these records and to have waived all objections to the admissibility of these records in a hearing before the board upon the grounds that this constitutes a privileged communication. If a licensee or applicant refuses to sign a written consent for the board to obtain these records when properly requested by the board, unless the failure was due to circumstances beyond the person's control, the board shall enter an order automatically suspending or denying the license pending compliance and further order of the board. A licensee or applicant who is prohibited from practicing under this subsection must be afforded at reasonable intervals an opportunity to demonstrate to the board the ability to resume or begin the practice of medicine with reasonable skill and safety. (C) An order requiring a licensee or applicant to submit to a professional competency, mental, or physical examination or an order requiring the submission of records relating to the professional competency or mental or physical condition of a licensee or applicant is confidential and must not be disclosed, except to the extent necessary for the proper disposition of the matter before the board or administrative hearing officer. The fact of automatic suspension or denial of a license pending compliance and further order of the board is public information under the Freedom of Information Act. A review hearing and decision of an administrative hearing officer are confidential, unless an order automatically suspending or denying a license pending compliance and further order of the board has been issued, in which case the fact of suspension or denial of a license by the administrative hearing officer is public information under the Freedom of Information Act.
S.C. Code Ann. § 40-29-360 — SC Code / Title 40 / Chapter 29 / Section 40-29-360
SECTION 40-29-360. Energy efficient labeling.
Status: in_force

(A) The State Energy Office must produce energy efficiency labels and notices and provide these labels and notices to manufactured housing manufacturers upon request. The notices must state: "Notice. An energy efficient home will reduce the overall cost of home ownership. South Carolina law encourages citizens to purchase energy efficient manufactured homes by providing a tax incentive for the purchase of such a home. This home qualifies for an energy efficiency sales tax incentive. Buyers of energy efficient manufactured homes can save money not only on taxes, but should also have lower monthly utility bills than less efficient homes." (B) Energy efficiency labels must be permanently affixed to the electrical panel and the notices must be affixed to the inside of the window closest to the front door. Energy efficiency labels and notices must be affixed by the manufacturer only on new homes and only at the place and time of production or manufacture. By affixing an energy efficiency label and notice, the manufacturer certifies that the manufactured home meets or exceeds the energy requirements provided for in Section 12-36-2110(B). Only the consumer may remove the notice. Editor's Note Prior Laws:1992 Act No. 449, Part III, SECTION 1; 1994 Act No. 331, SECTION 1; 1976 Code SECTION 40-29-85.
S.C. Code Ann. § 40-47-5 — SC Code / Title 40 / Chapter 47 / Article 1 / Section 40-47-5
SECTION 40-47-5. Application of Chapter 1; conflict with other articles.
Status: in_force

(A) Unless otherwise provided for in this chapter, Chapter 1, Title 40 applies to the profession or business regulated under this chapter. However, if there is a conflict between this chapter and Article 1, Chapter 1, Title 40, the provisions of this chapter control. (B) Unless there is a conflict with other articles of this chapter, Article 1, Chapter 47, Title 40 applies to all programs administered through the State Board of Medical Examiners. Editor's Note Prior Laws:1985 Act No. 93, SECTION 6.
S.C. Code Ann. § 40-29-5 — SC Code / Title 40 / Chapter 29 / Section 40-29-5
SECTION 40-29-5. Applicability of professional licensing statutes.
Status: in_force

Unless otherwise provided for in this chapter, Article 1, Chapter 1 of Title 40 applies to the regulation of manufactured home manufacturers, manufactured home retail dealers, manufactured home sales persons, and manufactured home contractors, installers, and repairers. If there is a conflict between this chapter and Article 1, Chapter 1 of Title 40, the provisions of this chapter control.
S.C. Code Ann. § 40-85-30 — SC Code / Title 40 / Chapter 85 / Section 40-85-30
SECTION 40-85-30. License required.
Status: in_force

A person may not engage in the practice of genetic counseling without a license issued in accordance with this chapter. A person who practices as a genetic counselor without being licensed under this chapter, whose license has been suspended or revoked, or who uses in connection with his name the words or letters "GC", "LGC", or uses the title "gene counselor", "genetic associate", "genetic counselor", "genetic consultant", or "licensed genetic counselor", or any other letters, words, or insignia indicating or implying that he is a genetic counselor or who in any other way, orally, in writing, in print, by sign directly or by implication, represents himself as a genetic counselor without being licensed by the board is subject to the penalties provided in this chapter.
S.C. Code Ann. § 40-45-5 — SC Code / Title 40 / Chapter 45 / Article 1 / Section 40-45-5
SECTION 40-45-5. Application of chapter; conflicts of law.
Status: in_force

Unless otherwise provided in this chapter, Article 1, Chapter 1 applies to the regulation of physical therapists and physical therapist assistants; however, if there is a conflict between this chapter and Article 1, Chapter 1, Title 40, the provisions of this chapter control.
S.C. Code Ann. § 40-38-115 — SC Code / Title 40 / Chapter 38 / Section 40-38-115
SECTION 40-38-115. Jurisdiction of board.
Status: in_force

The board has jurisdiction over the action of licensees and former licensees as provided for in Section 40-1-115.
S.C. Code Ann. § 40-51-140 — SC Code / Title 40 / Chapter 51 / Section 40-51-140
SECTION 40-51-140. Annual renewal of licenses; continuing education requirements.
Status: in_force

A person licensed to practice podiatry must pay a biennial renewal license fee which must be established in regulation by the board, biennially must complete twenty-four hours of continuing medical education through a program approved by the South Carolina Board of Podiatry Examiners, and must submit documentation to the board of completion of this education. If a podiatrist is authorized pursuant to state and federal law to prescribe controlled substances, two of the requisite biennial hours of continuing education must be related to approved procedures of prescribing and monitoring controlled substances listed in Schedules II, III, and IV of the schedules provided for in Sections 44-53-210, 44-53-230, and 44-53-250. If the renewal fee is not accompanied with the appropriate continuing education documentation, the license may not be renewed and is considered late and subject to the penalties promulgated by the board in regulation. If the renewal fee is not paid within two months after the date of notification by the department that the fee is due, the license of the person failing to pay shall be considered late and a penalty imposed as determined by regulation. After an additional sixty days a nonrenewed license must be suspended or revoked and must be reissued only by a majority vote of the Board of Podiatry Examiners and upon payment of a late fee and penalties established by the board. Effect of Amendment 2017 Act No. 91, SECTION 8, amended the section, adding requirements addressing the prescription and monitoring of certain controlled substances.
S.C. Code Ann. § 40-41-10 — SC Code / Title 40 / Chapter 41 / Article 1 / Section 40-41-10
SECTION 40-41-10. License required of peddlers and hawkers.
Status: in_force

No person shall as a hawker or peddler expose for sale or sell any goods, wares and merchandise in any county in this State unless he has received and is ready to produce and exhibit a license from the clerk of the court of common pleas of such county so to sell or expose for sale goods, wares and merchandise in such county.
S.C. Code Ann. § 40-11-270 — SC Code / Title 40 / Chapter 11 / Article 1 / Section 40-11-270
SECTION 40-11-270. Licensee confined to limitations of license group; display of license; licenses in more than one classification; use of unlicensed subcontractors.
Status: in_force

(A) A licensee is confined to the limitations of the licensee's license group and license classifications or subclassifications as provided in this chapter. (B) Each person holding a license in the mechanical contractor subclassification of air conditioning, heating, or packaged equipment shall display the mechanical contractor license in a conspicuous manner at his principal place of business. (C) All commercial vehicles, used by mechanical contractors licensed in the subclassification of air conditioning, heating, or packaged equipment exclusively in the daily operation of their business, shall have prominently displayed on them the mechanical contractor license number issued by the Department of Labor, Licensing and Regulation. Each invoice and proposal form also shall contain the mechanical contractor license number. (D) An entity may apply for and be licensed in more than one classification or subclassification if all qualifications for licensure prescribed by this chapter have been met. An applicant may apply for a license in more than one classification or subclassification on the same application form. (E) Licensees may utilize the services of unlicensed subcontractors to perform work within the limitations of the licensee's license group and license classification or subclassification; provided, the licensee provides supervision. The licensee is fully responsible for any violations of this chapter resulting from the actions of unlicensed subcontractors performing work for the licensee. Effect of Amendment 2016 Act No. 193, SECTION 1, added (B) and (C), relating to display of license, and redesignated former (B) and (C) as (D) and (E).
S.C. Code Ann. § 40-27-140 — SC Code / Title 40 / Chapter 27 / Article 3 / Section 40-27-140
SECTION 40-27-140. Payment of fee; issuance of license.
Status: in_force

Such license fees shall be payable to the county treasurer of the county in which the motor vehicle junk yard shall be located. Upon receipt of such fees the county treasurer shall issue to the person paying it a receipt which shall constitute the license of such person to conduct such business for the current calendar year.
S.C. Code Ann. § 40-75-230 — SC Code / Title 40 / Chapter 75 / Article 1 / Section 40-75-230
SECTION 40-75-230. Licensure as professional counselor supervisor, marriage and family therapist supervisor, or addiction counselor; requirements.
Status: in_force

To be licensed as a professional counselor supervisor, marriage and family therapist supervisor, or addiction counselor, an individual must: (1) be licensed in South Carolina in the discipline for which the supervisor license is sought; (2) have been in the practice of counseling, marriage and family therapy, or addiction counseling for at least five years; and (3) have met the additional requirements prescribed by the board in regulation. Effect of Amendment 2018 Act No. 249, SECTION 10, in the first undesignated paragraph, inserted "professional" following "To be licensed as a", substituted ", marriage and family therapist supervisor" for "or marriage and family therapist supervisor", and inserted "or addiction counselor,"; and in (2), substituted ", marriage and family therapy, or addiction counseling" for "or marriage and family therapy", and added "and" at the end.
S.C. Code Ann. § 40-7-255 — SC Code / Title 40 / Chapter 7 / Section 40-7-255
SECTION 40-7-255. Hair braiding practitioner registration; training; term and renewal of registration.
Status: in_force

(A) Only those individuals who are licensed to practice barbering or cosmetology or who are registered to practice hair braiding in this State may engage in the practice of hair braiding or perform hair braiding services in this State. (B) All implements used in connection with hair braiding must be disposable or must be sanitized in a disinfectant approved for hospital use or approved by the Environmental Protection Agency for commercial use. (C) To practice hair braiding in this State an individual shall: (1) apply to the board for registration in a manner prescribed by the board; (2) provide satisfactory proof of successful completion of a one-day, six-hour board-approved hair braiding course; (3) pass an examination administered by the board; and (4) pay a twenty-five dollar registration fee. (D) The hair braiding course shall include instruction regarding: (1) sanitation and sterilization including: (a) universal sanitation and sterilization precautions; (b) how to distinguish between disinfectants and antiseptics; and (c) how to sanitize hands and disinfect tools used in the practice of hair braiding; (2) disorders and diseases of the scalp, including: (a) how to distinguish between these disorders and diseases; and (b) when hair braiding services can be performed on a client with disorders or diseases of the scalp; (3) where and when an individual may legally practice hair braiding; and (4) the procedures, fees, and requirements for renewal of a hair braiding registration. (E) Registration to practice hair braiding is valid for two years or until the end of the biennial licensure renewal cycle in which the registration is first issued, whichever occurs first. The holder of a registration to practice hair braiding shall renew his or her registration by paying the renewal fee. (F) An individual currently engaging in the practice of hair braiding on the effective date of this act has one year from the effective date to complete the registration requirements as provided for in this section.
S.C. Code Ann. § 40-1-90 — SC Code / Title 40 / Chapter 1 / Article 1 / Section 40-1-90
SECTION 40-1-90. Disciplinary action proceedings.
Status: in_force

(A) The director shall review any case that the board recommends for a formal complaint to ensure the department mailed the notice of the investigation to the licensee and provided the licensee with opportunity to respond. This shall occur before the formal complaint is issued. The director shall verify that: (1) the department mailed a copy of the complaint to the licensee; (2) the name of the complainant was provided to the licensee, unless good cause existed to withhold the name of the complainant; (3) the licensee was notified of the opportunity to provide a response to the complaint; and (4) the licensee's response was included and considered in the investigative file. If the director determines that any of these procedural steps were not followed in the investigative process, the issuance of the formal complaint shall be held until such time as the procedural defects may be rectified. Nothing in this section should be construed to require the director's review if a case is disposed of by any means other than issuance of a formal complaint. (B) The results of an investigation must be presented to the board. If from these results it appears that a violation has occurred or that a licensee has become unfit to practice the profession or occupation, the board, in accordance with the Administrative Procedures Act, may take disciplinary action authorized by Section 40-1-120. No disciplinary action may be taken unless the matter is presented to and voted upon by the board. The board may designate a hearing officer or hearing panel to conduct hearings or take other action as may be necessary under this section. (C) For the purpose of a proceeding under this article, the department may administer oaths and issue subpoenas for the attendance and testimony of witnesses and the production and examination of books, papers, and records on behalf of the board or, upon request, on behalf of a party to the case. Upon failure to obey a subpoena or to answer questions propounded by the board or its hearing officer or panel, the board may apply to an administrative law judge for an order requiring the person to comply with the subpoena. Editor's Note 2023 Act No. 13, SECTION 1, provides as follows: "SECTION 1. This act may be cited as the 'Earn and Learn Act of 2023'." Effect of Amendment 2023 Act No. 13, SECTION 3, inserted (A) and redesignated former (A) and (B) as (B) and (C), respectively.
S.C. Code Ann. § 40-39-120 — SC Code / Title 40 / Chapter 39 / Section 40-39-120
SECTION 40-39-120. Certificate of authority renewals; penalties for noncompliance; limited operations after lapses.
Status: in_force

(A) A pawnbroker applying for a certificate of authority shall tender to the department a fee of two hundred seventy-five dollars plus all other applicable fees required by other agencies to process the application. The administrator may revoke any certificate of authority if the pawnbroker has violated this chapter or any regulation or order lawfully made pursuant to this chapter, or if facts or conditions exist which would clearly have justified the administrator in refusing to grant a certificate of authority had these facts or conditions been known to exist at the time the application for certificate of authority was made. The administrator may promulgate regulations for obtaining and revoking the certificate of authority. Certificates of authority must be renewed on a yearly basis. Applications for renewal must be accompanied by a renewal fee of two hundred seventy-five dollars. (B) If a pawnbroker's certificate of authority is not renewed before June thirtieth, the administrator shall assess the pawnbroker in addition to the renewal in subsection (A). If a pawnbroker fails to renew his certificate of authority within thirty days after the date the certificate of authority expires or otherwise maintain a valid certificate of authority, the administrator shall require the pawnbroker to comply with the requirements for the initial issuance of a certificate of authority pursuant to this chapter, in addition to any assessment that has accrued. (C) In the event of closure because of surrender or revocation of a certificate of authority, a pawnbroker shall, for the sole purpose of allowing a pledgor to redeem pledged goods, maintain usual business hours at the pawnshop for ninety days after the latest maturity date of a pawn transaction made at that pawnshop or transfer of pledged goods to a pawnbroker with a valid certificate of authority. Editor's Note Prior Laws:1900 (23) 427; Civ. C. '02 SECTION 1749; Civ. C. '12 SECTION 2625; Civ. C. '22 SECTION 3946; 1932 Code SECTION 7130; 1942 Code SECTION 7130; 1952 Code SECTION 56-1163; 1962 Code SECTION 56-1163. Effect of Amendment 2016 Act No. 262, SECTION 12, inserted paragraph designator (A); in (A), made nonsubstantive changes in capitalization of the phrase "certificate of authority"; and added (B) and (C), relating to penalties for noncompliance and limited operations after lapses.
S.C. Code Ann. § 40-1-190 — SC Code / Title 40 / Chapter 1 / Article 1 / Section 40-1-190
SECTION 40-1-190. Privileged communications.
Status: in_force

(A) A communication, whether oral or written, made by or on behalf of a person, to the director or board or a person designated by the director or board to investigate or hear matters relating to discipline of a licensee, whether by way of complaint or testimony, is privileged and no action or proceeding, civil or criminal, may be brought against the person, by or on whose behalf the communication is made, except upon proof that the communication was made with malice. (B) Nothing in this article may be construed as prohibiting the respondent or the respondent's legal counsel from exercising the respondent's constitutional right of due process under the law or as prohibiting the respondent from normal access to the charges and evidence filed against the respondent as part of due process under the law. (C) Notwithstanding the provisions of this section, a final order of a board disciplining a licensee is public information as provided for in Section 40-1-120.