S.C. Code Ann. § 40-23-320 — SC Code / Title 40 / Chapter 23 / Section 40-23-320
SECTION 40-23-320. Well drilling licenses; categories; classes.
Status: in_force

(A) Well drilling licenses must be issued in one of three well drilling categories—environmental wells, coastal wells, and rock wells—and in one of four classes—Class "D", Class "C", Class "B", and Class "A". However, a Class "A" licensee is authorized to practice in all three well drilling categories. No person may engage, or offer to engage, in the drilling of wells for which he does not possess a license of the proper well drilling category and class. (B) To be licensed as a Class "D" environmental, coastal, or rock well driller, an applicant must: (1) be at least eighteen years of age; (2) pass a written examination approved by the board; and (3) submit an application on forms approved by the board, and pay the prescribed fee. (C) To be licensed as a Class "C" environmental, coastal, or rock well driller, an applicant must: (1) pass a written examination approved by the board; (2) submit an application on forms approved by the board, and pay the prescribed fee; (3) complete at least one year of experience as a Class "D" well driller, primarily spent in installing wells of the well drilling category for which Class "C" status is sought; (4) possess the necessary drilling equipment or present to the board sufficient evidence to show the applicant has access to the use of this equipment at any time the applicant needs it; and (5) furnish proof of a surety bond in accordance with Section 40-23-280 in an amount of at least twenty-five thousand dollars or in an amount as specified by the board in regulation. The board, by regulation, may establish bonding requirements in amounts greater or less than twenty-five thousand dollars if the board finds these amounts are in the public interest. (D) To be licensed as a Class "B" environmental, coastal, or rock well driller, an applicant must: (1) pass a written examination approved by the board; (2) submit an application on forms approved by the board, and pay the prescribed fee; (3) complete at least one year of experience as a Class "C" employee of a Class "B" or Class "A" well driller, primarily spent in installing wells of the well drilling category for which Class "B" status is sought; (4) possess the necessary drilling equipment or present to the board sufficient evidence to show the applicant has access to the use of this equipment at any time the applicant needs it; and (5) furnish proof of a surety bond in accordance with Section 40-23-280 in an amount of a least twenty-five thousand dollars or in an amount as specified by the board in regulation. The board, by regulation, may establish bonding requirements in amounts greater or less than twenty-five thousand dollars if the board finds these amounts are in the public interest. (E) To be licensed as a Class "A" well driller, an applicant must: (1) pass a written examination approved by the board; (2) submit an application on forms approved by the board, and pay the prescribed fee; (3) complete at least two years in practice as a Class "C" or Class "B" well driller in each of the three well drilling categories; (4) possess the necessary drilling equipment or present to the board sufficient evidence to show the applicant has access to the use of this equipment at any time the applicant needs it; and (5) furnish proof of a surety bond in accordance with Section 40-23-280 in an amount of at least twenty-five thousand dollars or in an amount as specified by the board in regulation. The board, by regulation, may establish bonding requirements in amounts greater or less than twenty-five thousand dollars if the board finds these amounts are in the public interest. Effect of Amendment 2014 Act No. 156, SECTION 7, in subsection (C)(3), substituted "a Class 'D' well driller" for "an apprentice well driller".
S.C. Code Ann. § 40-63-5 — SC Code / Title 40 / Chapter 63 / Article 1 / Section 40-63-5
SECTION 40-63-5. Application of chapter; conflict of laws.
Status: in_force

Unless otherwise provided for in this chapter, Article 1, Chapter 1 of Title 40 applies to the Board of Social Work Examiners administered by the Department of Labor, Licensing and Regulation. If there is a conflict between this chapter and Article 1, Chapter 1 of Title 40, the provisions of this chapter control.
S.C. Code Ann. § 40-75-990 — SC Code / Title 40 / Chapter 75 / Article 6 / Section 40-75-990
SECTION 40-75-990. Establishment of Counseling Compact Commission.
Status: in_force

(A) The compact member states hereby create and establish a joint public agency known as the Counseling Compact Commission: (1) The commission is an instrumentality of the compact states. (2) Venue is proper and judicial proceedings by or against the commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the commission is located. The commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings. (3) Nothing in this compact shall be construed to be a waiver of sovereign immunity. (B) Membership, voting, and meetings: (1) Each member state shall have and be limited to one delegate selected by that member state's licensing board. (2) The delegate shall be either: (a) a current member of the licensing board at the time of appointment, who is a licensed professional counselor or public member; or (b) an administrator of the licensing board. (3) Any delegate may be removed or suspended from office as provided by the law of the state from which the delegate is appointed. (4) The member-state licensing board shall fill any vacancy occurring on the commission within sixty days. (5) Each delegate shall be entitled to one vote with regard to the promulgation of rules and creation of bylaws and shall otherwise have an opportunity to participate in the business and affairs of the commission. (6) A delegate shall vote in person or by such other means as provided in the bylaws. The bylaws may provide for delegates' participation in meetings by telephone or other means of communication. (7) The commission shall meet at least once during each calendar year. Additional meetings shall be held as set forth in the bylaws. (8) The commission shall by rule establish a term of office for delegates and may by rule establish term limits. (C) The commission shall have the following powers and duties: (1) establish the fiscal year of the commission; (2) establish bylaws; (3) maintain its financial records in accordance with the bylaws; (4) meet and take such actions as are consistent with the provisions of this compact and the bylaws; (5) promulgate rules which shall be binding to the extent and in the manner provided for in the compact; (6) bring and prosecute legal proceedings or actions in the name of the commission, provided that the standing of any state licensing board to sue or be sued under applicable law shall not be affected; (7) purchase and maintain insurance and bonds; (8) borrow, accept, or contract for services of personnel including, but not limited to, employees of a member state; (9) hire employees, elect or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of the compact, and establish the commission's personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters; (10) accept any and all appropriate donations and grants of money, equipment, supplies, materials, and services, and to receive, utilize, and dispose of the same; provided, that at all times the commission shall avoid any appearance of impropriety and/or conflict of interest; (11) lease, purchase, accept appropriate gifts or donations of, or otherwise to own, hold, improve or use, any property, real, personal, or mixed; provided, that at all times the commission shall avoid any appearance of impropriety; (12) sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property real, personal, or mixed; (13) establish a budget and make expenditures; (14) borrow money; (15) appoint committees, including standing committees composed of members, state regulators, state legislators or their representatives, and consumer representatives, and such other interested persons as may be designated in this compact and the bylaws; (16) provide and receive information from, and cooperate with, law enforcement agencies; (17) establish and elect an executive committee; and (18) perform such other functions as may be necessary or appropriate to achieve the purposes of this compact consistent with the state regulation of professional counseling licensure and practice. (D) The executive committee: (1) The executive committee shall have the power to act on behalf of the commission according to the terms of this compact. (2) The executive committee shall be composed of up to eleven members: (a) seven voting members who are elected by the commission from the current membership of the commission; (b) up to four ex officio, nonvoting members from four recognized national professional counselor organizations; and (c) the ex officio members will be selected by their respective organizations. (3) The commission may remove any member of the executive committee as provided in the bylaws. (4) The executive committee shall meet at least annually. (5) The executive committee shall have the following duties and responsibilities: (a) recommend to the entire commission changes to the rules or bylaws, changes to this compact legislation, fees paid by compact member states such as annual dues, and any commission compact fee charged to licensees for the privilege to practice; (b) ensure compact administration services are appropriately provided, contractual or otherwise; (c) prepare and recommend the budget; (d) maintain financial records on behalf of the commission; (e) monitor compact compliance of member states and provide compliance reports to the commission; (f) establish additional committees as necessary; and (g) other duties as provided in the rules or bylaws. (E) Meetings of the commission: (1) All meetings shall be open to the public, and public notice of meetings shall be given in the same manner as required under the rulemaking provisions in Section 40-75-1010. (2) The commission or the executive committee or other committees of the commission may convene in a closed, nonpublic meeting if the commission or executive committee or other committees of the commission must discuss: (a) noncompliance of a member state with its obligations under the compact; (b) the employment, compensation, discipline or other matters, practices or procedures related to specific employees or other matters related to the commission's internal personnel practices and procedures; (c) current, threatened, or reasonably anticipated litigation; (d) negotiation of contracts for the purchase, lease, or sale of goods, services, or real estate; (e) accusing any person of a crime or formally censuring any person; (f) disclosure of trade secrets or commercial or financial information that is privileged or confidential; (g) disclosure of information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy; (h) disclosure of investigative records compiled for law enforcement purposes; (i) disclosure of information related to any investigative reports prepared by or on behalf of or for use of the commission or other committee charged with responsibility of investigation or determination of compliance issues pursuant to the compact; or (j) matters specifically exempted from disclosure by federal or member state statute. (3) If a meeting, or portion of a meeting, is closed pursuant to this provision, the commission's legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exempting provision. (4) The commission shall keep minutes that fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefore, including a description of the views expressed. All documents considered in connection with an action shall be identified in such minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release by a majority vote of the commission or order of a court of competent jurisdiction. (F) Financing of the commission: (1) The commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization, and ongoing activities. (2) The commission may accept any and all appropriate revenue sources, donations, and grants of money, equipment, supplies, materials, and services. (3) The commission may levy on and collect an annual assessment from each member state or impose fees on other parties to cover the cost of the operations and activities of the commission and its staff, which must be in a total amount sufficient to cover its annual budget as approved each year for which revenue is not provided by other sources. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the commission, which shall promulgate a rule binding upon all member states. (4) The commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same; nor shall the commission pledge the credit of any of the member states, except by and with the authority of the member state. (5) The commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the commission shall be audited yearly by a certified or licensed public accountant, and the report of the audit shall be included in and become part of the annual report of the commission. (G) Qualified immunity, defense, and indemnification: (1) The members, officers, executive director, employees, and representatives of the commission shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities; provided, that nothing in this paragraph shall be construed to protect any such person from suit and/or liability for any damage, loss, injury, or liability caused by the intentional or wilful or wanton misconduct of that person. (2) The commission shall defend any member, officer, executive director, employee, or representative of the commission in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred within the scope of commission employment, duties, or responsibilities, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities; provided, that nothing herein shall be construed to prohibit that person from retaining his or her own counsel; and provided further, that the actual or alleged act, error, or omission did not result from that person's intentional or wilful or wanton misconduct. (3) The commission shall indemnify and hold harmless any member, officer, executive director, employee, or representative of the commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error, or omission that occurred within the scope of commission employment, duties, or responsibilities, or that such person had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities; provided, that the actual or alleged act, error, or omission did not result from the intentional or wilful or wanton misconduct of that person.
S.C. Code Ann. § 40-15-340 — SC Code / Title 40 / Chapter 15 / Article 1 / Section 40-15-340
SECTION 40-15-340. Penalties for violations relating to work authorizations and for accepting dental technological work from general public.
Status: in_force

(A) A person violating the provisions of this chapter relating to work authorizations is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than six months or both. Each day a violation occurs constitutes a separate offense. (B) A person, other than a licensed dentist, who accepts dental technological work from the general public is considered to be practicing dentistry without a license and is subject to the penalties provided for in this chapter. (C) The provisions of this chapter relating to work authorizations have no application where dental technological work is performed by or under the direction and control of a licensed dentist and on the licensed dentist's premises.
S.C. Code Ann. § 40-13-120 — SC Code / Title 40 / Chapter 13 / Section 40-13-120
SECTION 40-13-120. Disciplinary action authorized; procedures.
Status: in_force

In addition to the sanctions authorized for misconduct pursuant to Section 40-13-110, the board may take disciplinary action against a person as provided for in Section 40-1-120.
S.C. Code Ann. § 40-28-150 — SC Code / Title 40 / Chapter 28 / Section 40-28-150
SECTION 40-28-150. Denial of licensure.
Status: in_force

The board may deny licensure to an applicant based on: (1) the same grounds for which it may take disciplinary action against a licensee; and (2) his prior criminal record as provided in Section 40-1-140.
S.C. Code Ann. § 40-68-45 — SC Code / Title 40 / Chapter 68 / Section 40-68-45
SECTION 40-68-45. Continuing professional education.
Status: in_force

(A)(1) Effective for license years beginning after September 30, 2005, key management personnel of all licensees must complete at least eight hours of continuing professional education annually. (2) For purposes of this subsection: (a) if the licensee is a sole proprietorship or partnership, "key personnel" means any controlling person, as defined in this chapter, of that licensee. (b) if the licensee is a corporation, "key personnel" means any person who both: (i) possesses the power to direct or cause the direction of the management of a company seeking to offer professional employment services in this State; and (ii) is directly responsible for the day-to-day management of the company's operations in this State. (3) The holder of a nonresident restricted license under Section 40-68-90 is not required to complete the continuing education required by this subsection. (4) Up to eight hours of continuing professional education may be carried forward from one year to the next year; for the license year beginning September 30, 2005, up to eight hours of continuing professional education taken in the preceding twelve months may be carried forward. (B)(1) Continuing professional education must be reported to the department annually on a form approved by the department showing the date and title of the courses taken, the teacher or sponsor of the course, and the hours of continuing professional education claimed for the course. If the course is taught in a classroom setting, fifty minutes of classroom contact equals one hour of continuing professional education. Course sponsors shall maintain records of attendees for two years after the course. (2) Documentation of attendance at the courses or correspondence courses must be maintained by the licensee and must consist of a certificate of completion issued by the teacher or sponsor of the course showing the number of hours of continuing professional education completed. This documentation is subject to inspection by the department for up to two years after the date of the course. Courses offered by the National Association of Professional Employer Organizations, the Carolina Chapter of Professional Employer Organizations, the department, or other approved courses related to employment, are considered qualified courses for continuing professional education. The department shall offer continuing professional education courses to assist licensees and controlling persons in obtaining the continuing professional education required by this chapter. (3) The department shall appoint four licensees or controlling persons and one representative of the department to a panel for two-year terms to approve any courses questioned as to their qualifications as continuing professional education. The panel may conduct its meetings via conference call. The department shall develop a questionnaire to ascertain the interest and background of potential members of this panel. (4) If a licensee fails to complete his continuing professional education in a timely manner, his license expires and the licensee shall pay a penalty not in excess of one hundred dollars in order to renew the license. If a controlling person, who is not an owner or officer, of a licensee fails to complete his continuing professional education in a timely manner, he may not continue as a controlling person. However, the licensee or controlling person may request an administrative hearing to appeal the expiration of his license, or controlling person status, respectively, for failure to complete continuing professional education requirements. A license may be renewed without penalty within thirty days after its expiration if the licensee completes his professional education requirement. If a licensee fails to complete his professional education requirement within thirty days after the expiration of his license, he shall, in addition to paying the penalty provided for in this subsection, complete his professional education requirements prior to filing a new initial application for a license.
S.C. Code Ann. § 40-6-05 — SC Code / Title 40 / Chapter 6 / Section 40-6-05
SECTION 40-6-05. Application of Chapter 1; conflicts.
Status: in_force

Unless otherwise provided for in this chapter, Article 1, Chapter 1 of Title 40 applies to auctioneers regulated by the Department of Labor, Licensing and Regulation. However, 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. § 40-37-370 — SC Code / Title 40 / Chapter 37 / Section 40-37-370
SECTION 40-37-370. Maintenance of laboratory.
Status: in_force

Nothing in this chapter or any other provision of law may be construed to prevent an optometrist licensed under this chapter from maintaining and operating a laboratory required for private professional practice. Editor's Note Prior Laws:1917 (30) 1; Civ. C. '22 SECTION 2458; 1932 Code SECTION 5237; 1941 (42) 139; 1942 Code SECTION 5237; 1947 (45) 130; 1948 (45) 1694; 1952 Code SECTION 56-1084; 1962 Code SECTION 56-1084; 1982 Act No. 395, SECTION 1; 1976 Code SECTION 40-37-280.
S.C. Code Ann. § 40-20-30 — SC Code / Title 40 / Chapter 20 / Section 40-20-30
SECTION 40-20-30. Licensing requirement.
Status: in_force

It is unlawful for a person not licensed under this chapter, or whose license has been suspended or revoked by the panel, to hold himself or herself out as a dietitian, licensed dietitian, alone or in combination, or use with the letters "LD" or any facsimile or combination in any words, letters, abbreviations, or insignia. An authorization to practice issued pursuant to this title is valid for up to two years and is renewable on dates as established by the director.
S.C. Code Ann. § 40-35-10 — SC Code / Title 40 / Chapter 35 / Section 40-35-10
SECTION 40-35-10. South Carolina Board of Long Term Health Care Administrators; membership; meetings.
Status: in_force

(A) There is created the South Carolina Board of Long Term Health Care Administrators composed of nine members who must be appointed by the Governor, with the advice and consent of the Senate, for three-year terms and until their successors are appointed and qualify. Of the nine members: (1) three must be qualified nursing home administrators licensed under this chapter; one must be from a proprietary nursing home; one must be from a nonproprietary nursing home; and one must be a qualified hospital administrator; (2) three must be community residential care facility administrators, licensed under this chapter, at least one of whom must be from a community residential care facility with ten or fewer residents; (3) one must be a consumer, sponsor, or family member of a consumer of nursing home services; (4) one must be a consumer, sponsor, or family member of a consumer of community residential care services; (5) one must be a voting member of the Long Term Care Committee of the Health and Human Services Coordinating Council who must be nominated by election of the committee from among its voting members. If the Governor does not accept the nomination, an additional nominee must be selected in the same manner. The Commissioner of the Department of Health and Environmental Control, or his designee, also shall serve as a nonvoting member on the board, ex officio. An individual, group, or association may submit the names of qualified individuals to the Governor for his consideration in making these appointments. A vacancy must be filled in the manner of the original appointment for the unexpired portion of the term. A member may not serve more than two consecutive full terms. (B) The board shall meet at least twice a year. (C) Any business conducted by the board must be by a positive majority vote. For purposes of this subsection, "positive majority vote" means a majority vote of the entire membership of the board, reduced by any vacancies existing at the time. Editor's Note Prior Laws:1962 Code SECTION 56-1702; 1970 (56) 2085; 1987 Act No. 172, SECTION 1; 1990 Act No. 605, SECTION 1; 1993 Act No. 41, SECTION 3; 1997 Act No. 66, SECTION 1; 1976 Code SECTION 40-35-20.
S.C. Code Ann. § 40-75-580 — SC Code / Title 40 / Chapter 75 / Article 3 / Section 40-75-580
SECTION 40-75-580. Application of Article 1.
Status: in_force

The provisions of Article 1 pertaining to the administrative responsibilities of licensure and regulatory requirements applicable to professional counselors and marriage and family therapists that are not inconsistent with this article also pertain to the licensure and regulation of licensed psycho-educational specialists.
S.C. Code Ann. § 40-22-40 — SC Code / Title 40 / Chapter 22 / Section 40-22-40
SECTION 40-22-40. Nomination of board member candidates from general public.
Status: in_force

A board member candidate from the general public may be nominated by an individual, group, or association. The public member must be appointed to the board by the Governor in accordance with Section 40-1-45.
S.C. Code Ann. § 40-81-510 — SC Code / Title 40 / Chapter 81 / Section 40-81-510
SECTION 40-81-510. Substance abuse testing.
Status: in_force

The commission has the authority to require a participant to submit to tests for the presence of unauthorized substances. The use of any drugs, alcohol, or stimulants, or injections in any part of the body, either before or during an event or exhibition, by or on behalf of any participant, is adequate grounds for disqualification of the license and the license of the person administering the same.
S.C. Code Ann. § 40-22-90 — SC Code / Title 40 / Chapter 22 / Section 40-22-90
SECTION 40-22-90. Presentation of investigation results; hearing; notification of accused.
Status: in_force

(A) 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 engineering or surveying, the board, in accordance with the Administrative Procedures Act, may take disciplinary action authorized by Section 40-1-120. (B) No disciplinary action may be taken unless the matter is presented to and voted upon by the board. (C) The board may designate a hearing officer or hearing panel to conduct hearings or take other action as may be necessary under Section 40-1-90. (D) If in the judgment of the board a hearing is warranted, the charges may be processed as provided for by the Administrative Procedures Act. (1) The time and place for a hearing must be fixed by the board. The accused must be furnished a copy of the charges and a notice of the time and place of hearing. Notification must be personally serviced or served by certified mail, return receipt requested, at the last known address of the accused at least thirty days before the scheduled hearing date. (2) The accused may appear personally and with counsel to cross-examine witnesses appearing against him and to produce evidence and witnesses in his own defense.
S.C. Code Ann. § 40-1-40 — SC Code / Title 40 / Chapter 1 / Article 1 / Section 40-1-40
SECTION 40-1-40. Purpose of division; domain.
Status: in_force

(A) The purpose of the Division of Professional and Occupational Licensing, South Carolina Department of Labor, Licensing and Regulation, is to protect the public through the regulation of professional and occupational licensees and the administration of boards charged with the regulation of professional and occupational practitioners. (B) The following boards and the professions and occupations they license or otherwise regulate must be administered by the Department of Labor, Licensing and Regulation pursuant to this article: Board of Accountancy Board of Architectural Examiners Athletic Commission Auctioneers Commission Board of Barber Examiners Accessibility Committee of the Building Codes Council Building Code Council Board of Chiropractic Examiners Contractors' Licensing Board Board of Cosmetology Board of Dentistry Engineers and Land Surveyors Board Environmental Certification Board Board of Registration for Foresters Board of Funeral Service Board of Registration for Geologists Manufactured Housing Board Board of Medical Examiners Modular Buildings Board of Appeals Board of Nursing Long Term Health Care Administrators Board Board of Occupational Therapy Board of Examiners in Opticianry Board of Examiners in Optometry Board of Pharmacy Board of Physical Therapy Examiners Pilotage Commission Board of Podiatry Examiners Board of Examiners for Licensure of Professional Counselors and Marital and Family Therapists Board of Examiners in Psychology Board of Pyrotechnic Safety Real Estate Appraisers Board Real Estate Commission Residential Builders Commission Board of Social Work Examiners Board of Examiners in Speech-Language Pathology and Audiology Board of Veterinary Medical Examiners (C) Each regulatory board within the department is a separate board. (D) The Department of Labor, Licensing and Regulation is a member of the Governor's executive cabinet and must be headed by a director who must be appointed by the Governor with the advice and consent of the Senate, subject to removal from office by the Governor pursuant to Section 1-3-240(B). The director shall supervise the department under the direction and control of the Governor and shall exercise other powers and perform other duties as the Governor requires.
S.C. Code Ann. § 40-15-95 — SC Code / Title 40 / Chapter 15 / Article 1 / Section 40-15-95
SECTION 40-15-95. "Orthodontic technological work" defined.
Status: in_force

The term "orthodontic technological work" as used in this chapter is hereby defined as the extra-oral procedures of constructing, making, altering, repairing, or duplicating of orthodontic appliances. The persons performing orthodontic technological work, other than dentists, shall be referred to as orthodontic technicians. For the purposes of this chapter references to dental technicians or dental technological work include orthodontic technicians and orthodontic technological work unless specific reference is made to orthodontic technicians or orthodontic technological work.
S.C. Code Ann. § 40-11-250 — SC Code / Title 40 / Chapter 11 / Article 1 / Section 40-11-250
SECTION 40-11-250. Renewal of license; lapsed license.
Status: in_force

(A) All licenses may be renewed biennially. A licensee shall apply to the department for license renewal by the expiration date on a form approved by the board. Renewal applications not postmarked by the expiration date result in a lapsed license. An entity which fails to renew and which continues to engage in construction is practicing without a license and is subject to the penalties prescribed in this chapter. (B) A license which has lapsed may be renewed within ninety days from date of expiration by filing a renewal application and upon payment of renewal and late fees. If the application and all fees are submitted within the ninety-day period after the license expiration date and if the application is then approved, the renewal will be retroactive to the date of expiration, eliminating any period of licensure lapse. An entity whose license is lapsed for failure to renew must submit an application and meet all qualifications for initial licensure to engage in construction. Effect of Amendment 2023 Act No. 69, SECTION 8, in (B), inserted the second sentence.
S.C. Code Ann. § 40-47-40 — SC Code / Title 40 / Chapter 47 / Article 1 / Section 40-47-40
SECTION 40-47-40. Continuing professional education.
Status: in_force

The continued professional competency of a physician holding a permanent license must be demonstrated in the following manner: (1) For renewal of a permanent license initially issued during a biennial renewal period, compliance with all educational, examination, and other requirements for the issuance of a permanent license is sufficient for the first renewal period following initial licensure. (2) For renewal of an active permanent license biennially, documented evidence of at least one of following options during the renewal period is required: (a) forty hours of Category I continuing medical education sponsored by the American Medical Association, American Osteopathic Association, or another organization approved by the board as having acceptable standards for courses it sponsors, at least thirty hours of which must be related directly to the licensee's practice area, and at least two (2) hours of which may 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, 44-53-250, and 44-53-270, and must be received from a statewide organization recognized by the Accreditation Council for Continuing Medical Education to recognize and accredit organizations in South Carolina offering continuing medical education or from a statewide organization approved to provide continuing medical education by its national organization which is accredited by the Accreditation Council for Continuing Medical Education. Each renewal form submitted pursuant to Section 40-47-41 must include a certificate of participation with the prescribing and monitoring education requirement issued by the organization from which the education was received; (b) certification of added qualifications or recertification after examination by a national specialty board recognized by the American Board of Medical Specialties or American Osteopathic Association or another approved specialty board certification; (c) completion of a residency program or fellowship in medicine in the United States or Canada approved by the Accreditation Council on Graduate Medical Education or American Osteopathic Association; (d) passage of the Special Purpose Examination or Comprehensive Osteopathic Medical Variable Purpose Examination; or (e) successful completion of a clinical skills assessment program approved by the board, such as the Institute for Physician Evaluation or the Center for Personalized Education for Physicians. (3) For reinstatement or reactivation of a permanent license from lapsed or inactive status of less than four years, documented evidence of at least one of the following options within the preceding two years is required: (a) forty hours of Category I continuing medical education sponsored by the American Medical Association, American Osteopathic Association, or another organization approved by the board as having acceptable standards for courses it sponsors, at least thirty hours of which must be directly related to the licensee's practice area; (b) certification of added qualifications or recertification after examination by a national specialty board recognized by the American Board of Medical Specialties or American Osteopathic Association or another approved specialty board certification; (c) completion of a residency program or fellowship in medicine in the United States or Canada approved by the Accreditation Council on Graduate Medical Education or American Osteopathic Association; (d) passage of the Special Purpose Examination or Comprehensive Osteopathic Medical Variable Purpose Examination; or (e) successful completion of a clinical skills assessment program approved by the board, such as the Institute for Physician Evaluation or the Center for Personalized Education for Physicians. (4) For reinstatement or reactivation of a permanent license from lapsed or inactive status of four years or more, documented evidence of at least one of the following options within the preceding two years is required: (a) certification of added qualifications or recertification after examination by a national specialty board recognized by the American Board of Medical Specialties or American Osteopathic Association or another approved specialty board certification; (b) completion of a residency program or fellowship in medicine in the United States or Canada approved by the Accreditation Council on Graduate Medical Education or American Osteopathic Association; (c) passage of the Special Purpose Examination or Comprehensive Osteopathic Medical Variable Purpose Examination; or (d) successful completion of a clinical skills assessment program approved by the board, such as the Institute for Physician Evaluation or the Center for Personalized Education for Physicians. (5) For reinstatement or reactivation of a lapsed or an inactive status of a permanent license of a licensee who has been in active practice in another state, compliance with any of the requirements of this section within the preceding two years is sufficient. Effect of Amendment 2014 Act No. 244, SECTION 5, rewrote subsection (2)(A), adding text following "at least thirty hours of which must be related directly to the licensee's practice area".
S.C. Code Ann. § 40-65-40 — SC Code / Title 40 / Chapter 65 / Section 40-65-40
SECTION 40-65-40. Exemptions.
Status: in_force

This chapter must not be construed to prevent or affect: (1) Persons engaged solely in teaching soil science or engaged solely in soil science research. (2) Officers and employees of the United States, the State, and units of local government who practice soil science solely in the capacity of their office or employment. (3) Officers and employees of companies engaged in the practice of soil science, when the officers and employees practice soil science solely in the capacity of their employment and who do not offer their services to the public for hire. (4) The work of an employee or subordinate of a person holding a Professional Soil Classifier license under this chapter provided this work does not include final soil classifying decisions and is done under the supervision of and verified by a person holding a Professional Soil Classifier license. (5) A professional wetlands specialist who applies soil science to make wetland delineations or determinations. (6) A person who conducts soil sampling solely for the purpose of determining plant nutrient and lime application rates for gardening and for agricultural, horticultural, silvicultural, or related purposes. (7) A person who practices another licensed trade or profession within the scope of that license. Editor's Note Prior Laws: 1962 Code SECTION 56-1546.54; 1974 (58) 2828; 1989 Act No. 99, SECTION 4; 1993 Act No. 181, SECTION 946; 1976 Code SECTION 40-65-240. Effect of Amendment The 2012 amendment rewrote the section.
S.C. Code Ann. § 40-58-67 — SC Code / Title 40 / Chapter 58 / Section 40-58-67
SECTION 40-58-67. Continuing professional education requirements.
Status: in_force

(A)(1) Licensees must complete at least eight hours of continuing professional education annually, which must include at least one hour on South Carolina laws and regulations. Continuing education credit may be granted only for the year in which the class is taken and may not be granted for the same course in successive years. The continuing professional education completed must be reported to the administrator annually. Course providers must maintain records of attendees for two years after the course. (2) Documentation of courses completed must be maintained by the mortgage broker for all licensees and shall consist of a certificate of completion issued by the provider of the course showing the recommended number of hours of continuing professional education. This documentation is subject to inspection by the administrator for up to two years after the date of the course. (B) If a licensee fails to complete his continuing professional education prior to renewal, his license shall expire and the licensee shall pay a penalty of one hundred dollars in order to renew the license. (C) All prelicensing education, continuing education, and written examinations must be approved through the Nationwide Mortgage Licensing System and Registry pursuant to 12 U.S.C. 5101 et seq. before credit may be awarded. Applicants and licensees that successfully complete education or testing approved through the Nationwide Mortgage Licensing System and Registry shall fulfill the requirements of this State. Editor's Note Prior Laws:1998 Act No. 336, SECTION 1; 2005 Act No. 7, SECTION 1. Effect of Amendment 2017 Act No. 93, SECTION 14, in (A)(1), inserted ", which must include at least one hour on South Carolina laws and regulations".
S.C. Code Ann. § 40-57-520 — SC Code / Title 40 / Chapter 57 / Article 5 / Section 40-57-520
SECTION 40-57-520. Management of residential multiunit rental locations.
Status: in_force

(A) The management of each residential multiunit rental location must be provided by an on-site licensee or an off-site licensee if there is no on-site staff. (B) The commission may permit multiple multiunit rental property locations to be managed by one licensee. (C) An unlicensed employee of the owner of a multiunit rental property or an unlicensed individual who works under the supervision of a licensee is permitted to perform only the following duties: (1) maintenance; (2) clerical or administrative support; (3) collection of rents that are made payable to the owner or real estate company; (4) showing rental units to prospective tenants; (5) furnishing published information; (6) providing applications and lease forms; and (7) receiving applications and leases for submission to the owner or the licensee for approval. Effect of Amendment 2024 Act No. 204, SECTION 3, reenacted the section with no apparent change.
S.C. Code Ann. § 40-68-130 — SC Code / Title 40 / Chapter 68 / Section 40-68-130
SECTION 40-68-130. Form and content of licenses and notices; display.
Status: in_force

(A) The department by regulation shall determine the form and content of: (1) the licenses issued under this chapter; and (2) notices required to be posted under this section. (B) The license issued under this chapter must be posted in a conspicuous place in the principal place of business in this State of the licensee. The licensee shall display, in a place that is in clear and unobstructed public view, a notice stating that the business operated at the location is licensed and regulated by the department and that any questions or complaints should be directed to the department.
S.C. Code Ann. § 40-67-590 — SC Code / Title 40 / Chapter 67 / Article 3 / Section 40-67-590
SECTION 40-67-590. Data system.
Status: in_force

(A) The commission shall provide for the development, maintenance, and utilization of a coordinated database and reporting system containing licensure, adverse action, and investigative information on all licensed individuals in member states. (B) Notwithstanding any other provision of state law to the contrary, a member state shall submit a uniform data set to the data system on all individuals to whom this compact is applicable as required by the rules of the commission, including: (1) identifying information; (2) licensure data; (3) adverse actions against a license or compact privilege; (4) nonconfidential information related to alternative program participation; (5) any denial of application for licensure, and the reason(s) for denial; and (6) other information that may facilitate the administration of this compact, as determined by the rules of the commission. (C) Investigative information pertaining to a licensee in any member state only shall be available to other member states. (D) The commission shall promptly notify all member states of any adverse action taken against a licensee or an individual applying for a license. Adverse action information pertaining to a licensee in any member state shall be available to any other member state. (E) Member states contributing information to the data system may designate information that may not be shared with the public without the express permission of the contributing state. (F) Any information submitted to the data system that is subsequently required to be expunged by the laws of the member state contributing the information must be removed from the data system.
S.C. Code Ann. § 40-47-110 — SC Code / Title 40 / Chapter 47 / Article 1 / Section 40-47-110
SECTION 40-47-110. Misconduct constituting grounds for disciplinary action; temporary suspensions; review of final actions; conduct subverting security or integrity of medical licensing examination process.
Status: in_force

(A) In addition to the grounds provided in Section 40-1-110, upon finding misconduct that constitutes one or more of the grounds for disciplinary action the board may cancel, fine, suspend, revoke, issue a public reprimand or a private reprimand, or restrict, including probation or other reasonable action such as requiring additional education or training or limitation on practice, the authorization to practice of a person who has engaged in misconduct. (B) "Misconduct" that constitutes grounds for disciplinary action is a showing to the board by the preponderance of evidence that a licensee has: (1) used a false, fraudulent, or forged statement or document or practiced a fraudulent, deceitful, or dishonest act in connection with a licensing requirement; (2) been convicted of, has pled guilty to, or has pled nolo contendere to a felony or other crime involving moral turpitude or drugs. For purposes of this item, "drugs" includes a substance whose possession, use, or distribution is governed by Article 3, Chapter 53 of Title 44, Narcotics and Controlled Substances, or which is listed in the current edition of the Physician's Desk Reference; (3) violated a federal, state, or local law involving alcohol or drugs or committed an act involving a crime of moral turpitude. The board may receive evidence to reach an independent conclusion as to the commission of the violation; however, the determination may be used only in making the administrative decision; (4) engaged in the habitual or excessive use or abuse of drugs, alcohol, or other substances that impair ability; (5) attempted to practice when judgment or physical ability is impaired by alcohol, drugs, or other substances; (6) been convicted of or sanctioned for illegal or unauthorized practice; (7) knowingly performed an act that in any way assists an unlicensed person to practice; (8) sustained a physical or mental impairment that renders further practice by the licensee dangerous to the public or that may interfere with the licensee's ability to competently and safely perform the essential functions of practice; (9) engaged in dishonorable, unethical, or unprofessional conduct that is likely either to deceive, defraud, or harm the public; (10) used a false or fraudulent statement in a document connected with the licensee's practice; (11) obtained fees or assisted in obtaining fees under dishonorable, false, or fraudulent circumstances; (12) intentionally violated or attempted to violate, directly or indirectly, or is assisting in or abetting the violation of or conspiring to violate the medical practice laws; (13) violated the code of medical ethics adopted by the board or has been found by the board to lack the ethical or professional competence to practice; (14) violated a provision of this chapter or a regulation or order of the board; (15) failed to cooperate with an investigation or other proceeding of the board; (16) failed to comply with an order, subpoena, or directive of the board or department; (17) failed to prepare or maintain an adequate patient record of care provided; (18) engaged in disruptive behavior or interaction, or both, with physicians, hospital personnel, patients, family members, or others that interferes with patient care or could reasonably be expected to adversely impact the quality of care rendered to a patient. This behavior may include, but is not limited to, inappropriate sexual behavior; (19) engaged in behavior that exploits the physician-patient relationship in a sexual way. This behavior is nondiagnostic and nontherapeutic, may be written, verbal, or physical and may include expressions of thoughts and feelings or gestures that are sexual or that reasonably may be construed by a patient as sexual. This behavior includes sexual contact with patient surrogates or key third parties; (20) failed to appear before the board after receiving a formal notice to appear; (21) signed a blank prescription form; (22) failed to report to the board any adverse disciplinary action by another United States or foreign licensing jurisdiction, a peer review body, a health care institution, by any professional or medical society or association, a board-approved credentialing organization, a governmental agency, a law enforcement agency, including arrest, or a court, including indictment, for acts or conduct similar to acts or conduct that would constitute grounds for disciplinary action as provided for in this section; (23) failed to provide pertinent and necessary medical records to another physician or patient in a timely fashion when lawfully requested to do so by a patient or by a lawfully designated representative of a patient; (24) improperly managed medical records, including failure to maintain timely, legible, accurate, and complete medical records; or (25) provided false, deceptive, or misleading testimony as an expert witness in an administrative, civil, or criminal proceeding in this State. (26) engaged in a practice with an NP, CNM, or CNS without a practice agreement as defined in Section 40-47-20(35) in place at the time that practice was initiated and during its continuation; or (27) failed to follow or comply with the practice agreement as defined in Section 40-47-20(35) while engaged in a practice with an NP, CNM, or CNS. (C) In addition to all other remedies and actions incorporated in this chapter, a licensee who is adjudged mentally incompetent by a court of competent jurisdiction automatically must be suspended by the board until the licensee is adjudged by a court of competent jurisdiction, or in another manner provided by law, as being restored to mental competency. The automatic suspension of a license pursuant to this section is public information under the Freedom of Information Act. (D) A decision by the board to revoke, suspend, or restrict a license or to limit or discipline a licensee must be by majority vote of the board members serving, except that the board may delegate to the chairman or vice chairman of the board the authority to issue orders to temporarily suspend licenses or to seek from the Administrative Law Court an order temporarily suspending or restricting a license pending final decision by the board, as follows: (1) when the chairman or vice chairman of the board determines that public health, safety, or welfare imperatively requires emergency action, and incorporates a finding to that effect in an order, a temporary suspension order may be issued without a prior hearing being afforded to the licensee, in which event the licensee may request by the close of the next business day after receipt of the order a review by the administrative hearing officer. The fact of suspension or restriction of a license, and the fact of any subsequent related action, is public information under the Freedom of Information Act after issuance of an order by the chairman or vice chairman, unless a review by the administrative hearing officer has been timely requested in writing. Filing a written request for a review by the administrative hearing officer does not stay the temporary suspension and no stay may be issued; however, the fact of the issuance of the temporary suspension order must not be made public until the time for requesting a review has passed or the administrative hearing officer issues an order after a review hearing. Upon proper written request, a review hearing must be held by the administrative hearing officer within three business days of the filing of the request for review, unless otherwise agreed by the parties. If the issuance of the temporary suspension order is not sustained by the administrative hearing officer, the matter must remain confidential and must not be made public, except to the extent the board considers it relevant to the final decision of the board; or (2) the Department of Labor, Licensing and Regulation, acting through the Office of General Counsel or its designee, at the direction of the chairman or vice chairman of the board, may petition the Administrative Law Court for an order temporarily suspending or restricting a license pending final decision by the board. A hearing must be held by the Administrative Law Court within three business days of the filing of the petition, unless otherwise agreed by the parties. If an order temporarily suspending or restricting a license is not issued by the administrative law judge, the matter must remain confidential and must not be made public, except to the extent the board considers it relevant to the final decision of the board. The fact of suspension or restriction of a license, and the fact of any subsequent related action, is public information under the Freedom of Information Act after issuance of an order by the Administrative Law Court. (E) Motions for continuance and for other interlocutory relief are not subject to review by the Administrative Law Court until a final decision has been issued by the board. A licensee against whom disciplinary action is taken in a final decision pursuant to this article has the right to review by the Administrative Law Court as provided in Section 40-1-160. If the board has revoked, suspended, or restricted a license in any manner for six months or more, including probation conditions, an appeal taken to the Administrative Law Court as provided in Section 40-1-160 has precedence on the court's calendar, is considered an emergency appeal, and should be heard not later than thirty days from the date the petition is filed. The review is limited to the record established by the board hearing. No stay or supersedeas may be granted by the administrative law judge or a reviewing court pending appeal from a final decision by the board to revoke, suspend, or restrict a license for six months or more. (F)(1) If a person is found by the board to have engaged in conduct that subverts or attempts to subvert the security or integrity of the licensing examination process, the board may have the scores on the licensing examination withheld or declared invalid. The individual may be disqualified from practice or be subjected to the imposition of any other appropriate sanction provided by Section 40-47-120. (2) Conduct that subverts or attempts to subvert the security or integrity of the medical licensing examination process includes, but is not limited to, conduct that violates the: (a) security of examination materials including, but not limited to, the improper reproduction or reconstruction of any portion of the licensing examination; aiding in the improper reproduction or reconstruction of any portion of the licensing examination; or selling, distributing, buying, receiving, or having unauthorized possession of any portion of a future, current, or previously administered licensing examination; (b) standard of test administration including, but not limited to, improperly communicating with any other examinee during the administration of a licensing examination; copying answers from another examinee or permitting one's own answers to be copied by another examinee during the administration of a licensing examination; or having in one's possession during the administration of a licensing examination any books, notes, other written or printed materials, or data of any kind other than the examination materials or other materials authorized by the board; and (c) credentials process including, but not limited to, falsifying or misrepresenting educational credentials or other information required for admission to the licensing examination, impersonating an examinee, or having an impersonator take the licensing examination in one's behalf. Editor's Note Prior Laws:1908 (25) 1083; Civ. C. '12 SECTION 1622; Civ. C. '22 SECTION 2404; 1920 (31) 1004; 1932 Code SECTION 5154; 1942 Code SECTION 5154; 952 Code SECTION 56-1368; 1962 Code SECTION 56-1368; 1976 Act No. 614, SECTION 2; 1983 Act No. 136, SECTION 1; 1988 Act No. 315, SECTION 1; 1993 Act No. 76, SECTION 3; 1993 Act No. 181, SECTION 921; 2005 Act No. 32, SECTION 10; 1976 Code SECTION 40-47-200. Effect of Amendment 2018 Act No. 234, SECTION 5, in (B), inserted (26) and (27), relating to engaging in practice with an NP, CNM, CNS without a practice agreement and failure to comply with a practice agreement, respectively.
S.C. Code Ann. § 40-7-360 — SC Code / Title 40 / Chapter 7 / Section 40-7-360
SECTION 40-7-360. Chapter not applicable to services for immediate family.
Status: in_force

This chapter does not apply to a person who performs the service of a barber for members of the person's immediate family. Editor's Note Prior Laws:1937 (40) 339; 1942 Code SECTION 5250-53; 1943 (43) 111; 1952 Code SECTION 56-277; 1956 (49) 1588; 1962 Code SECTION 56-277; 1971 (57) 904; 1976 Code SECTION 40-7-290.
S.C. Code Ann. § 40-19-310 — SC Code / Title 40 / Chapter 19 / Section 40-19-310
SECTION 40-19-310. Chapter not applicable to preparation and burial of paupers and inmates of state institutions; effect of chapter on other board duties and responsibilities.
Status: in_force

(A) The provisions of this chapter do not apply to the preparation and burial of dead bodies of paupers or of inmates of state institutions when the paupers or inmates are buried at the expense of the State. (B) Nothing in this chapter alters the responsibilities of the board or limits the board in carrying out its duties and responsibilities as required in Chapters 7 and 8, Title 32. Editor's Note Prior Laws:1955 (49) 550; 1962 Code SECTION 56-675; 1983 Act No. 146, SECTION 1; 1976 Code SECTION 40-19-240.
S.C. Code Ann. § 40-1-620 — SC Code / Title 40 / Chapter 1 / Article 3 / Section 40-1-620
SECTION 40-1-620. License fee exemption.
Status: in_force

A person whose profession or occupation is regulated by this title may not be assessed, and is exempt from being required to pay, a license fee for his profession or occupation for a calendar year in which he serves any period of active military duty.
S.C. Code Ann. § 40-60-180 — SC Code / Title 40 / Chapter 60 / Article 1 / Section 40-60-180
SECTION 40-60-180. Collection of costs and fines.
Status: in_force

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. Editor's Note Prior Laws:2000 Act No. 335, SECTION 1; 1976 Code SECTION 40-60-190.
S.C. Code Ann. § 40-41-310 — SC Code / Title 40 / Chapter 41 / Article 5 / Section 40-41-310
SECTION 40-41-310. Licenses required for itinerant fortunetellers.
Status: in_force

It shall be unlawful for any person to follow the business of fortunetelling in any of the counties of this State, by traveling from place to place, without first obtaining from the clerk of the court of the county in which he wishes to follow his trade, a license permitting him to so do. Such license shall be issued by the clerks of court of the counties of this State to any person applying for it upon payment by the applicant of the sum of one hundred dollars. The license shall specify the name of the applicant and his former residence and shall be for a period of one year from the issuance thereof. But this section shall not be effective in any county until the county board of commissioners of such county authorize, by resolution, the collection of such tax. Any person violating the provisions of this section shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than one hundred dollars or imprisonment for not more than thirty days for each and every offense.
S.C. Code Ann. § 40-69-40 — SC Code / Title 40 / Chapter 69 / Article 1 / Section 40-69-40
SECTION 40-69-40. Board officers and meetings; quorum.
Status: in_force

In addition to the powers and duties enumerated in Section 40-1-50, the board, at the first board meeting in each calendar year, shall elect from the veterinarian members a chairman, vice chairman, and any other officer it considers necessary. The board shall meet at least twice a year and upon the call of the chairman or any two members of the board. Action of the board may be taken at regular or special meetings, and a majority of the appointed members of the board constitutes a quorum. Editor's Note Prior Laws:1920 (31) 905; Civ. C. '22 SECTION 2473; 1932 Code SECTION 5252; 1942 Code SECTION 5252; 1952 Code SECTION 56-1555; 1962 Code SECTION 56-1554; 1974 (58) 2769; 1984 Act No. 457.
S.C. Code Ann. § 40-2-30 — SC Code / Title 40 / Chapter 2 / Article 1 / Section 40-2-30
SECTION 40-2-30. Licensing or registration requirement; form for issuance of report by person other than CPA or PA; use of titles CPA and PA; exemptions.
Status: in_force

(A) It is unlawful for a person to engage in the practice of accountancy as regulated by this board without holding a valid license or registration or without qualifying for a practice privilege pursuant to Section 40-2-245. (B) Only licensed certified public accountants or public accountants or individuals qualifying for a practice privilege pursuant to Section 40-2-245 may issue a report on financial statements of a person, firm, organization, or governmental unit or offer to render or render any attest or compilation service as defined, except as provided in Section 40-2-610. This restriction does not prohibit an act of a public official or public employee in the performance of that person's duties or prohibit the performance by any nonlicensee of other services involving the use of accounting skills, including the preparation of tax returns, management advisory services, and the preparation of financial statements without the issuance of reports. (C) Persons, other than certified public accountants or public accountants, may prepare financial statements and issue nonattest transmittals or information thereon which do not purport to be in compliance with the SSARS. Transmittals using the following language must not be considered the unlicensed practice of accountancy: "I (we) have prepared the accompanying (financial statements) of (name of entity) as of (time period) for the (period) then ended. This presentation is limited to preparing in the form of financial statements information that is the representation of management (owners). I (we) have not audited or reviewed the accompanying financial statements and accordingly do not express an opinion or any other form of assurance on them." (D) Only a person holding a valid license as a certified public accountant or qualifying for a practice privilege under Section 40-2-245 shall use or assume the title "Certified Public Accountant" or the abbreviation "CPA" or any other title, designation, words, letters, abbreviation, sign, card, or device indicating that the person is a certified public accountant. (E) A firm may not provide attest services or assume or use the title "Certified Public Accountants," "Public Accountants," or the abbreviations "CPAs" and "PAs," or any other title, designation, words, letters, abbreviation, sign, card, electronic file, metadata tag, or any other device indicating the firm is a CPA firm unless: (1) the firm holds a valid registration issued under this chapter or is exempt from the registration requirement by operation of subsection (I); (2) ownership of the firm is in accordance with Section 40-2-40(C) and implementing regulations promulgated by the board, unless the firm is exempt from the registration requirement by operation of subsection (I); and (3) owners who are not certified public accountants must be permitted to use the titles "principal," "partner," "owner," "officer," "member," or "shareholder" but must not hold themselves out to be certified public accountants. (F) A person must not assume or use the title "Public Accountant" or the abbreviation "PA" or any other title, designation, words, letters, abbreviation, sign, card, or device indicating that the person is a public accountant unless that person holds a valid registration issued under this chapter. (G)(1) Only a person or firm holding a valid license or registration issued under this chapter, an individual qualifying for practice privileges under Section 40-2-245, or a firm exempt from the registration requirement by operation of subsection (I) shall assume or use any title or designation likely to be confused with the titles "Certified Public Accountant" or "Public Accountant" or use a similar abbreviation likely to be confused with the abbreviations "CPA" or "PA". The title "Enrolled Agent" or "EA" may only be used by individuals designated by the Internal Revenue Service. (2) Persons or firms that are not licensed or registered, individuals qualifying for practice privileges under Section 40-2-245, and firms exempt from the registration requirement by operation of subsection (I) may use designations granted by national accrediting organizations so long as those designations do not imply qualification to render any attest or compilation service. (H) This section does not apply to a person or firm holding a certification, designation, degree, or license granted in a foreign country entitling the holder to engage in the practice of public accountancy or its equivalent in that country; whose activities in this State are limited to the provision of professional services to persons or firms who are residents of, governments of, or business entities of the country in which the person holds the entitlement; who performs no attest or compilation services and who issues no reports, as defined in this chapter, with respect to the information of any other persons, firms, or governmental units in this State; and who does not use in this State any title or designation other than the one under which the person practices in their country, followed by a translation of the title or designation into the English language, if it is in a different language, and by the name of the country. (I)(1) Firms that do not have an office in this State may engage in the practice of accounting, without obtaining a registration pursuant to Section 40-2-40, as specified in this subsection. (2) A firm described in item (1) may perform services described in Section 40-2-20(2) for a client in this State, may engage in the practice of accounting, as specified in this section, and may use the title "CPA" or "CPA firm" only if the firm: (a) has the qualifications described in Section 40-2-40(C) and Section 40-2-255(C); (b) performs these services through an individual with practice privileges under Section 40-2-245; and (c) can lawfully perform these services in the state where the individual with practice privileges under Section 40-2-245 has his principal place of business. (3) A firm described in item (1) that is not subject to the requirements of item (2) may perform other professional services within the practice of accounting while using the title "CPA" or "CPA firm" in this State only if the firm: (a) performs these services through an individual with practice privileges under Section 40-2-245; and (b) can lawfully do so in the state where these individuals with practice privileges have their principal place of business. (4) Notwithstanding any other provision of this section, it is not a violation of this section for a firm that does not hold a valid permit under Section 40-2-40 and which does not have an office in this State to provide its professional services or to engage in the practice of accounting so long as it complies with the requirements of item (2) or (3), whichever is applicable. (J) Notwithstanding another provision of law, a licensed certified public accountant while in the performance of his duties is exempt from the licensing requirements of Chapter 18 of this title. Effect of Amendment 2014 Act No. 268, SECTION 2, added subsection (J), relating to exemption from private security and investigator requirements. 2015 Act No. 51, SECTIONS 3.A, 3.B, in (B), deleted "on the financial statements" at the end; in (H), substituted "reports, as defined in this chapter, with respect to the information" for "reports with respect to the financial statements"; (I)(2), substituted "item (1)" for "subsection (I)(1)", and deleted "(2)(e)" before "or (5)"; in (I)(3), substituted "item (1)" for "subsection (I)(1)", and substituted "item (2)" for "subsection (I)(2)"; and in (I)(4), substituted "item (2)" for "subsection (I)(2)". 2022 Act No. 174, SECTION 1, rewrote the section. 2025 Act No. 34, SECTION 4, in (E), substituted "electronic file, metadata tag, or any other device" for "or device".
S.C. Code Ann. § 40-51-70 — SC Code / Title 40 / Chapter 51 / Section 40-51-70
SECTION 40-51-70. Board to make regulations governing examinations and meetings.
Status: in_force

The board may make such regulations as it may deem necessary to conduct its examinations and meetings. It shall provide such books, blanks, and forms as may be necessary to conduct such examinations and shall preserve and keep a complete record of all its transactions.
S.C. Code Ann. § 40-1-210 — SC Code / Title 40 / Chapter 1 / Article 1 / Section 40-1-210
SECTION 40-1-210. Civil proceedings before Administrative Law Court.
Status: in_force

The department, in addition to instituting a criminal proceeding, may institute a civil action through the Administrative Law Court, in the name of the State, for injunctive relief against a person violating this article, a regulation promulgated under this article, or an order of the board. For each violation the administrative law judge may impose a fine of no more than ten thousand dollars.
S.C. Code Ann. § 40-75-180 — SC Code / Title 40 / Chapter 75 / Article 1 / Section 40-75-180
SECTION 40-75-180. Collection and enforcement of imposed 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. § 40-51-180 — SC Code / Title 40 / Chapter 51 / Section 40-51-180
SECTION 40-51-180. Use of license fees.
Status: in_force

All license fees received by the board shall be used to defray the necessary expenses of maintaining the board.
S.C. Code Ann. § 40-29-20 — SC Code / Title 40 / Chapter 29 / Section 40-29-20
SECTION 40-29-20. Definitions.
Status: in_force

Unless clearly indicated otherwise, as used in this chapter: (1) "Authorized official" means a person acting on behalf of a manufactured home retail dealer. (2) "Board" means the South Carolina Manufactured Housing Board. (3) "Construction and Safety Standards Act" means the Federal Manufactured Housing Construction and Safety Standards Act of 1974, as amended. (4) "Consumer" means a person who in good faith purchases a manufactured home or mobile home for purposes other than resale. (5) "Defect" includes a defect in the performance, construction, components, or material of a manufactured home that renders the home or any part of it not fit for the ordinary use for which it was intended. (6) "Established place of business" means the office, building, or display area where the exercise of the ordinary and regular functions of the business are conducted for the purpose of carrying on the business of the owner and where books, records, files, inventory, and equipment necessary to properly conduct the business are maintained. (7) "Imminent safety hazard" means a hazard that presents an imminent and unreasonable risk of death or severe personal injury. (8) "Install/installed" means the operations performed at the occupancy site which render a manufactured home fit for habitation. These operations include, but are not limited to, positioning, blocking, leveling, supporting, tying down, connecting utility systems, and assembling multiple or expandable units. (9) "Manufactured home" means a structure, transportable in one or more sections which, in the traveling mode, is eight body feet or more in width or forty body feet or more in length or when erected on site is three hundred twenty or more square feet and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air conditioning, and electrical systems contained in it. (10) "Manufactured home apprentice retail salesperson" means an employee who works under the direct supervision of a retail dealer and who is authorized to offer for sale a manufactured home subject to the restrictions in this chapter. (11) "Manufactured home contractor" means a person or entity, other than an employee of a licensed manufactured home retail dealer or a person licensed by the board or licensed by the South Carolina Contractor's Licensing Board to perform a particular function, who for valuable consideration engages in the installation, modification, alteration, or repair to the structural, mechanical, or electrical systems of a manufactured home. (12) "Manufactured home installer" means a person or entity, other than an employee of a licensed manufactured home retail dealer or a person licensed by the board or licensed by the South Carolina Contractor's Licensing Board to perform a particular function, who for valuable consideration installs manufactured housing. (13) "Manufactured home manufacturer" means a person, resident, or nonresident, who designs, constructs, or produces manufactured homes. (14) "Manufactured home repairer" means a person or entity, other than an employee of a licensed manufactured home retail dealer or a person licensed by the board or licensed by the South Carolina Contractor's Licensing Board to perform a particular function, who for valuable consideration modifies, alters, or repairs the structural, mechanical, or electrical systems of a manufactured home. (15) "Manufactured home retail dealer" means a person engaged in the business of buying, selling, offering for sale, or dealing in manufactured homes or offering for display manufactured homes for sale in South Carolina. A person who buys, sells, or deals in three or more manufactured homes in any twelve-month period or who offers or displays for sale three or more manufactured homes in a twelve-month period is considered a manufactured home retail dealer. "Selling" and "sale" include lease-purchase transactions. (16) "Manufactured home retail salesman" means a person who is an employee or otherwise acts as an agent or representative of a manufactured home retail dealer and holds himself out as promoting, offering for sale, or selling the manufactured home retail dealer's goods or services. (17) "New manufactured home" means a home that has not been previously titled and is still in the possession of the original retail dealer. If the home is later shipped to another retail dealer and sold to a consumer within two years of the date of manufacture, the home is still considered new and must continue to meet all state warranty requirements. However, if a home is shipped from the original retail dealer to another retail dealer and then sold to a consumer more than two years after the date of manufacture, the home must be sold as used for warranty purposes, and prior written notice of the "used" status of the manufactured home and how this status affects warranty requirements must be provided to the consumer. (18) "Person" means an individual, natural person, firm, partnership, association, corporation, legal representative, or other recognized legal entity. (19) "Secretary" means the Secretary of Housing and Urban Development (HUD). (20) "Standard" means the appropriate standards adopted by the State of South Carolina and established by the Department of Housing and Urban Development pursuant to the Federal Manufactured Housing Construction and Safety Standards. (21) "State Administrative Agency" or "SAA" means the agency of the State which has been approved to carry out the state plan and to enforce the National Manufactured Housing Construction and Safety Standards Act within South Carolina. Editor's Note Prior Laws:1989 Act No. 128, SECTION 1; 1993 Act No. 181, SECTION 900; 1996 Act No. 301, SECTION 1.
S.C. Code Ann. § 40-47-1240 — SC Code / Title 40 / Chapter 47 / Article 9 / Section 40-47-1240
SECTION 40-47-1240. Licensure of anesthesiologist's assistants.
Status: in_force

Except as otherwise provided in this article, an individual must obtain a license in accordance with this article before the individual may practice as an anesthesiologist's assistant. The board shall grant a license as an anesthesiologist's assistant to an applicant who has: (1) submitted a completed application on forms provided by the board; (2) paid the nonrefundable application fees established in this article; (3) certified that he or she is mentally and physically able to engage safely in practice as an anesthesiologist's assistant; (4) submitted evidence to the board that the applicant has obtained a baccalaureate or higher degree from an institution of higher education accredited by an organization recognized by the Commission on Higher Education. This degree program must have included courses in these areas of study: (a) general biology; (b) general chemistry; (c) organic chemistry; (d) physics; (e) calculus; and (5) submitted evidence to the board that the applicant has obtained a graduate-level degree from a program accredited by the Commission on Accreditation of Allied Health Education Programs, or any of the commission's successor organizations, and the graduate degree program must have included the following: (a) courses in the basic sciences of anesthesia, including general pharmacology, physiology, pathophysiology, anatomy, and biochemistry, and these courses must be presented as a continuum of didactic courses designed to teach students the foundations of human biological existence on which clinical correlations to anesthesia practice are based; (b) pharmacology for the anesthetic sciences which must include instruction in the anesthetic principles of pharmacology, pharmacodynamics, pharmacokinetics, uptake and distribution, intravenous anesthetics and narcotics, and volatile anesthetics; (c) physics in anesthesia; and (d) fundamentals of anesthetic sciences, presented as a continuum of courses covering a series of topics in basic medical sciences with special emphasis on the effects of anesthetics on normal physiology and pathophysiology; (6) submitted evidence satisfactory to the board that the applicant holds current certification from the National Commission for Certification of Anesthesiologist's Assistants and that the requirements for receiving the certification included passage of an examination to determine the individual's competence to practice as an anesthesiologist's assistant; (7) no licensure, certificate, or registration as an anesthesiologist's assistant under current discipline, revocation, suspension, probation, or investigation for cause resulting from the applicant's practice as an anesthesiologist's assistant in any jurisdiction; and (8) submitted to the board any other information the board considers necessary to evaluate the applicant's qualifications. Effect of Amendment 2025 Act No. 48, SECTION 2, deleted (8), relating to appearances before the board, and made conforming changes.
S.C. Code Ann. § 40-79-50 — SC Code / Title 40 / Chapter 79 / Section 40-79-50
SECTION 40-79-50. Administrative support; license fees.
Status: in_force

The Department of Labor, Licensing and Regulation shall provide all administrative, fiscal, investigative, clerical, secretarial, and license renewal operations and activities of the board in accordance with Section 40-1-50. (1) All license fees must be submitted to the department every two years or for a period to be determined by the board. (2) Initial license fees are: (a) two hundred dollars for an alarm system business license, which includes one primary qualifying party certificate; (b) fifty dollars for each branch office, which includes one primary qualifying party certificate; (c) ten dollars for additional qualifying party license certificate. (3) Renewal license fees are: (a) two hundred dollars for an alarm system business renewal including one primary qualifying party certificate; (b) fifty dollars for each branch office, which includes one primary qualifying party certificate; (c) ten dollars for additional qualifying party license certificate. (4) Late renewal fees must be added on the day following the expiration date of the license and are: (a) one hundred dollars for up to thirty days; (b) one hundred fifty dollars for up to sixty days; (c) one hundred seventy-five dollars for up to ninety days. A person who fails to renew within ninety days must apply for initial licensure to be reinstated. (5) Replaced, lost, or destroyed license and certificate fees are: (a) ten dollars for replacement of lost or destroyed license; (b) ten dollars for replacement of lost or destroyed certificate. (6) An applicant for examination shall pay the applicable examination fee directly to the provider.
S.C. Code Ann. § 40-11-150 — SC Code / Title 40 / Chapter 11 / Article 1 / Section 40-11-150
SECTION 40-11-150. Voluntary surrender of license.
Status: in_force

A licensee under investigation for a violation of this chapter or a regulation promulgated under this chapter voluntarily may surrender the license in accordance with Section 40-1-150.
S.C. Code Ann. § 40-63-150 — SC Code / Title 40 / Chapter 63 / Article 1 / Section 40-63-150
SECTION 40-63-150. Voluntary surrender of license.
Status: in_force

As provided for in Section 40-1-150, a licensee under investigation for a violation of this chapter or a regulation promulgated under this chapter may voluntarily surrender the license.
S.C. Code Ann. § 40-5-520 — SC Code / Title 40 / Chapter 5 / Article 7 / Section 40-5-520
SECTION 40-5-520. Additional causes of removal or suspension; hearing required.
Status: in_force

Any attorney, solicitor or counsellor may be removed or suspended who shall be guilty of any deceit, malpractice or misbehavior, but not until a copy of the charges against him shall have been delivered to him by the clerk of the court in which the proceedings shall be had and an opportunity shall have been given him of being heard in his defense.
S.C. Code Ann. § 40-30-117 — SC Code / Title 40 / Chapter 30 / Section 40-30-117
SECTION 40-30-117. Requirements for granting license by endorsement to massage therapist licensed in another state.
Status: in_force

The board may grant a license by endorsement to a massage therapist who holds an active massage therapist license and is in good standing in another state, the District of Columbia, or any other United States territory if the board determines that the standards for licensure are at least substantially equivalent to the licensing standards provided for in this chapter. The board may require the applicant to provide additional information or meet certain requirements provided for in this chapter as it deems necessary for issuing a license by endorsement. A National Certification Board for Therapeutic Massage and Bodywork examination taken prior to November 1, 2014, shall be acceptable.
S.C. Code Ann. § 40-8-200 — SC Code / Title 40 / Chapter 8 / Section 40-8-200
SECTION 40-8-200. Certain cemeteries excepted from provisions of chapter.
Status: in_force

The provisions of this chapter do not apply to governmental cemeteries, nonprofit cemeteries, church cemeteries, nature preserve cemeteries, or family burial grounds.
S.C. Code Ann. § 40-1-120 — SC Code / Title 40 / Chapter 1 / Article 1 / Section 40-1-120
SECTION 40-1-120. Sanctions.
Status: in_force

(A) Upon a determination by a board that one or more of the grounds for discipline exists, in addition to the actions the board is authorized to take pursuant to its respective licensing act, the board may: (1) issue a public reprimand; (2) impose a fine not to exceed five hundred dollars unless otherwise specified by statute or regulation of the board; (3) place a licensee on probation or restrict or suspend the individual's license for a definite or indefinite time and prescribe conditions to be met during probation, restriction, or suspension including, but not limited to, satisfactory completion of additional education, of a supervisory period, or of continuing education programs; (4) permanently revoke the license. (B) A decision by a board to discipline a licensee as authorized under this section must be by a majority vote of the total membership of the board serving at the time the vote is taken. (C) A final order of a board disciplining a licensee under this section is public information. (D) Upon a determination by a board that discipline is not appropriate, the board may issue a nondisciplinary letter of caution. (E) A board may establish a procedure to allow a licensee who has been issued a public reprimand to petition the board for expungement of the reprimand from the licensee's record.
S.C. Code Ann. § 40-23-300 — SC Code / Title 40 / Chapter 23 / Section 40-23-300
SECTION 40-23-300. Certification classifications.
Status: in_force

(A) A person employed as an operator of a public water treatment facility must hold a water treatment operator license issued by the board in the certification class required by this section. The required certification class must be determined based upon the treatment group of the public water system treatment facility where the operator is employed, as established by the Department of Health and Environmental Control pursuant to Section 44-55-40(K). The certification class required for each treatment group is as follows: (1) Group I treatment facilities require operators with at least a Class "E' ' certification. (2) Group II treatment facilities require operators with at least a Class "D" certification. (3) Group III treatment facilities require operators with at least a Class "C" certification. (4) Group IV treatment facilities require operators with at least a Class "C" certification. (5) Group V treatment facilities require operators with at least a Class "B' ' certification. (6) Group VI treatment facilities require operators with at least a Class "A" certification. (B)(1) To be licensed by the board as a Trainee Water Treatment Operator, an applicant must submit an application on forms approved by the board and the prescribed fee. (2) To be licensed by the board as a Class "E" Water Treatment Operator, an applicant must: (a) hold a valid Trainee Operator license; (b) have completed high school or the equivalent; (c) pass an examination approved by the board; (d) have completed at least six months of actual operating experience as an operator of a public water treatment facility; and (e) submit an application on forms approved by the board and the prescribed fee. (3) To be licensed by the board as a Class "D" Water Treatment Operator, an applicant must: (a) hold a valid Class "E" operator certification; (b) pass an examination approved by the board; (c) have completed at least one year of actual operating experience as an operator of a public water treatment facility or the equivalent; and (d) submit an application on forms approved by the board and the prescribed fee. (4) To be licensed by the board as a Class "C" Water Treatment Operator, an applicant must: (a) hold a valid Class "D" operator certification; (b) pass an examination approved by the board; (c) have completed at least two years of actual operating experience as an operator of a public water treatment facility or the equivalent; and (d) submit an application on forms approved by the board and the prescribed fee. (5) To be licensed by the board as a Class "B" Water Treatment Operator, an applicant must: (a) hold a valid Class "C" operator certification; (b) pass an examination approved by the board; (c) have completed at least three years of actual operating experience as an operator of a public water treatment facility or the equivalent; and (d) submit an application on forms approved by the board and the prescribed fee. (6) To be licensed by the board as a Class "A" Water Treatment Operator, an applicant must: (a) hold a valid Class "B" operator certification; (b) pass an examination approved by the board; (c) have completed at least four years of actual operating experience as an operator of a public water treatment facility or the equivalent; and (d) submit an application on forms approved by the board and the prescribed fee. (7) To be licensed as a Bottled Water Class Operator, an applicant must: (a) pass an examination approved by the board; (b) have completed high school or the equivalent; and (c) submit an application on forms approved by the board and the prescribed fee. Editor's Note Prior Laws:2000 Act No. 322, SECTION 7; 2000 Act No. 325, SECTION 6; 2002 Act No. 185, SECTION 1. Effect of Amendment 2014 Act No. 156, SECTION 5, in subsection (B)(1), deleted former paragraph designators, and deleted text relating to age and education requirements; in subsection (B)(2), added paragraph (b), relating to high school education, and redesignated the remaining paragraphs accordingly.
S.C. Code Ann. § 40-15-80 — SC Code / Title 40 / Chapter 15 / Article 1 / Section 40-15-80
SECTION 40-15-80. Practicing dental hygiene.
Status: in_force

(A) Any person is considered to be practicing dental hygiene who engages in those clinical procedures primarily concerned with the performance of preventive dental services not constituting the practice of dentistry, including removing all hard and soft deposits and stains from the surfaces of human teeth, root planing, performing clinical examination of teeth and surrounding tissues, and charting of oral conditions for diagnosis by a dentist, and performing such other procedures as may be delegated by regulations of the board. (B) In school settings, licensed dental hygienists may apply topical fluoride and may perform the application of sealants and oral prophylaxis under general supervision, with written permission of the student's parent or guardian. (C) In hospitals, nursing homes, long term care facilities, rural and community clinics, health facilities operated by federal, state, county, or local governments, hospices, education institutions accredited by the Commission on Dental Accreditation that give instruction in dental hygiene, and in bona fide charitable institutions, licensed dental hygienists may apply topical fluoride and perform the application of sealants and oral prophylaxis under general supervision. Treatment may not occur in these settings unless medical emergency care is available within the facility. (D) Licensed dental hygienists may provide oral hygiene instruction and counseling, perform oral screenings, and provide nutrition and dietary counseling without prior authorization. (E) Upon certification by the board and when under the direct supervision of a practicing dentist, a licensed dental hygienist may administer local infiltration anesthesia. (F) This section is not intended to establish independent dental hygiene practice. (G) No person other than a licensed dentist or dental hygienist may use the title "dental hygienist", present themselves as being a dental hygienist, or perform oral prophylaxis. This does not preclude an expanded duty dental assistant from polishing restorations and supra-gingival tooth structure. Dental hygienists practicing under general supervision must maintain professional liability insurance.
S.C. Code Ann. § 40-37-80 — SC Code / Title 40 / Chapter 37 / Section 40-37-80
SECTION 40-37-80. Investigation of complaints; administration of oaths; subpoena of documents.
Status: in_force

For the purpose of conducting an investigation under this chapter, the department shall subpoena witnesses, take evidence, and require the production of any documents or records that the board considers relevant to the inquiry. The department shall 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 a proceeding. 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. If a board member files a complaint, the board member must not participate in the capacity as a board member at the hearing of the complaint.
S.C. Code Ann. § 40-20-55 — SC Code / Title 40 / Chapter 20 / Section 40-20-55
SECTION 40-20-55. Administration of panel; fees.
Status: in_force

(A) The panel must be administered by the department in accordance with Chapter 1 of Title 40. The department shall provide all administrative, fiscal, investigative, inspectional, clerical, secretarial, and license renewal operations and activities. (B) Fees must be assessed, collected, and adjusted on behalf of the panel by the department in accordance with this chapter and Section 40-1-50(D).
S.C. Code Ann. § 40-82-150 — SC Code / Title 40 / Chapter 82 / Section 40-82-150
SECTION 40-82-150. 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 Section 40-1-150.
S.C. Code Ann. § 40-9-31 — SC Code / Title 40 / Chapter 9 / Section 40-9-31
SECTION 40-9-31. Procedures for revoking, suspending, or restricting a license or disciplining a licensee; appeal to Administrative Law Court; stay pending appeal.
Status: in_force

(A) An action of the board relating to the revocation or suspension of a license or other action restricting a license or disciplining a licensee must be taken only after a written complaint of misconduct has been filed with the board in accordance with regulations promulgated by the board. After receiving a complaint a closed hearing must be held by an examiner selected by the board after thirty days' notice to the complainant and the licensee or their counsel. The Attorney General's office, upon request of the board, shall present the case for the complainant before the examiner. Upon receipt of the examiner's report, the board shall notify the complainant and the licensee and the licensee's counsel of the time and place at which the board will consider the report for the purpose of determining its action on the report; the notice must be given not less than ten days before the meeting. The complainant and the licensee and the licensee's counsel have the right to appear before the board at the meeting, submit briefs, and be heard in oral argument in opposition to or in support of the recommendations of the board. The Attorney General's office also has the right to appear before the board and submit briefs and be heard in oral argument. Upon its final review the board may either dismiss the complaint or find that the licensee is guilty of misconduct meriting sanction. The board shall file a final certified report of the proceedings before it with the secretary of the board who shall notify the complainant and the licensee and the licensee's counsel of this action. A decision of the board to revoke, suspend, or restrict a license or to limit or discipline a person engaging in the practice of chiropractic requires a majority vote of the membership of the board. The board's decision may be appealed to an administrative law judge as provided under Article 5 of Chapter 23 of Title 1, which shall hear the matter upon petition filed by the licensee with an administrative law judge as provided under Article 5 of Chapter 23 of Title 1, and served upon the secretary of the board within ten days from the date of delivery of the board's decision to the licensee. A decision by the board to revoke, suspend, or restrict a license or to limit or discipline a licensee or one who is found to be practicing chiropractic without complying with this chapter is not effective until the tenth day following the date of delivery of a written copy of the decision to the licensee. Service of a petition for a review of the decision stays the board's decision pending completion of the appellate process. (B) If a licensee is found to have violated this chapter or a regulation promulgated under this chapter, in addition to or instead of taking action to revoke, suspend, or restrict the license of the licensee, the board may assess a civil fine of up to two thousand dollars for each violation, but the total fine may not exceed ten thousand dollars.
S.C. Code Ann. § 40-13-190 — SC Code / Title 40 / Chapter 13 / Section 40-13-190
SECTION 40-13-190. Confidentiality of investigations and other proceedings.
Status: in_force

Investigations and proceedings conducted under this chapter are confidential and all communications are privileged as provided for in Section 40-1-190. SECTION 40-13-200. Violations of chapter or submission of false information for licensing; revocation of license; penalty (A) A person who practices or offers to practice cosmetology in this State in violation of this chapter or who knowingly submits false information for the purpose of obtaining a license is guilty of a misdemeanor and, upon conviction, may be fined not more than two hundred dollars or imprisoned not more than thirty days, or both, for a first offense and for a second or subsequent offense may be fined not more than five hundred dollars or imprisoned not more than six months, or both. (B) The board permanently shall revoke the license of a person convicted of or who pleads guilty or nolo contendere to a violation under subsection (A). Editor's Note Prior Laws:1934 (38) 1349; 1942 Code SECTION 5250-24; 1952 Code SECTION 56-481; 1953 (48) 432; 1962 Code SECTION 56-481; 1963 (53) 553; 1982 Act No. 388; 1976 Code SECTION 40-13-280.
S.C. Code Ann. § 40-53-10 — SC Code / Title 40 / Chapter 53 / Section 40-53-10
SECTION 40-53-10. Short title.
Status: in_force

This chapter shall be known, and may be cited, as the Polygraph Examiners Act.
S.C. Code Ann. § 40-57-810 — SC Code / Title 40 / Chapter 57 / Article 7 / Section 40-57-810
SECTION 40-57-810. Severability.
Status: in_force

If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective. Effect of Amendment 2016 Act No. 170, SECTION 1, rewrote the section. 2024 Act No. 204, SECTION 3, reenacted the section with no apparent change.
S.C. Code Ann. § 40-81-115 — SC Code / Title 40 / Chapter 81 / Section 40-81-115
SECTION 40-81-115. Jurisdiction.
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. § 40-7-250 — SC Code / Title 40 / Chapter 7 / Section 40-7-250
SECTION 40-7-250. Renewal of master haircare specialist license; reinstatement of certificate of registration for registered barbers and registered apprentices.
Status: in_force

(A) A person who is licensed as a master haircare specialist on May 13, 1986, may have this license renewed annually upon payment of the required license fee. (B) A registered barber or a registered apprentice whose certificate of registration has expired may have the certificate reinstated immediately upon payment of the required reinstatement fee. A registered barber who does not engage in the practice of barbering for three years or less may renew the certificate of registration upon payment of a reinstatement fee. If more than three years have elapsed, the person must pass an examination and pay the reinstatement fee. (C) A registered apprentice who has submitted proof of the apprenticeship for the purpose of becoming licensed as a registered barber must take the examination before the next July first and the apprentice license may not be renewed. Editor's Note Prior Laws:1937 (40) 339; 1942 Code SECTION 5250-48; 1952 Code SECTION 56-272; 1962 Code SECTION 56-272; 1976 Act No. 700, SECTION 7; 1990 Act No. 566, SECTION 1; 1976 Code SECTION 40-7-230.
S.C. Code Ann. § 40-22-220 — SC Code / Title 40 / Chapter 22 / Section 40-22-220
SECTION 40-22-220. Licensure requirements; engineer-in-training; professional engineer; examination.
Status: in_force

(A) A person having the necessary qualifications prescribed in this chapter to entitle him to registration is eligible for licensure. A person must be certified as an engineer-in-training as a prerequisite to licensure. (B) To be eligible for certification as an engineer-in-training, an applicant must be of good character and reputation and be able to communicate effectively in the English language. The minimum evidence satisfactory to the board that an applicant is qualified for certification as an engineer-in-training is: (1) graduation from an EAC/ABET accredited engineering curriculum of four or more years and passing NCEES Fundamentals of Engineering examinations required by the board; (2) graduation in a bachelor's degree program, completion of an engineering curriculum found to be substantially equivalent to an engineering curriculum accredited by EAC/ABET, and passing the NCEES Fundamentals of Engineering examination; (3) graduation in a bachelor's degree program, completion of an engineering curriculum found to meet the NCEES Engineering Education Standard, and passing the NCEES Fundamentals of Engineering examination; or (4) graduation in a TAC/ABET accredited engineering technology curriculum of four or more years from a school or college approved by the board as being in satisfactory standing, and passing the NCEES Fundamentals of Engineering examination required by the board. (C) To be eligible for licensure and registration as a professional engineer, an applicant must be of good character and reputation and be able to communicate effectively in the English language. When the evidence presented in the application does not appear conclusive to the board or does not warrant the issuing of a license, the applicant may be required to present further evidence for consideration by the board. The applicant also shall meet the requirements of the other pertinent sections of this chapter. The minimum evidence satisfactory to the board that an applicant is qualified for licensure as a professional engineer is: (1)(a) graduation in an EAC/ABET accredited engineering curriculum of four or more years from a school or college approved by the board as being in satisfactory standing; (b) a specific record after graduation of four or more years of progressive experience in engineering work, supervised by a licensed engineer and of a character satisfactory to the board, indicating that the applicant is competent to practice engineering; and (c) passing an NCEES examination required by the board; or (2)(a) graduation in a bachelor's degree program and completion of an engineering curriculum found to be substantially equivalent to an engineering curriculum accredited by EAC/ABET; (b) a specific record after graduation of four or more years of progressive experience in engineering work supervised by a licensed engineer or of a character satisfactory to the board, indicating that the applicant is competent to practice engineering; and (c) passing the NCEES examination required by the board; or (3)(a) graduation from a bachelor's degree program; (b) completion of an engineering curriculum that meets the NCEES Engineering Education Standard; (c) accrual of a specific record after graduation of four or more years of progressive experience in engineering work: (i) supervised by a licensed engineer or of a character satisfactory to the board; and (ii) indicating that the applicant is competent to practice engineering, and passing NCEES examinations required by the board; or (4) if not needed to satisfy education requirements, a: (a) master's degree in engineering from a school or college approved by the board as being in satisfactory standing may count as one year of experience upon approval by the board; and (b) doctoral degree in engineering from a school or college approved by the board as being in satisfactory standing may count as a maximum of two years of experience upon approval by the board. (D) The board shall admit the following individuals to an examination on the Principles and Practice of Engineering and must license a person who passes the exam as a professional engineer if he is otherwise qualified: (1) an engineer-in-training with a bachelor's degree in engineering accredited by EAC/ABET and with a specific record after graduation of four or more years of progressive experience in engineering work supervised by a licensed engineer or of a character satisfactory to the board, indicating that the applicant is competent to practice engineering; (2) an engineer-in-training with: (a) a bachelor's degree from a school or college approved by the board as being in satisfactory standing then earns a master's degree in engineering from a school or college that offers an EAC/ABET accredited undergraduate degree in the same field of study, and establishes a specific record after the master's degree of three or more years of progressive experience in engineering work supervised by a licensed engineer or of a character satisfactory to the board, indicating that the applicant is competent to practice engineering; (b) a master's degree in engineering from an EAC/M-ABET accredited program, establishes a specific record after graduation of three or more years of progressive experience in engineering work supervised by a licensed engineer or of a character satisfactory to the board, indicating that the applicant is competent to practice engineering; or (c) a non-EAC/ABET bachelor's degree, evaluated and approved by the board's education consultant, and holding a Master of Engineering or Master of Science in Engineering from a school or college that offers an EAC/ABET accredited undergraduate degree in the same field of study and establishes a specific record after graduation of four or more years of progressive experience in engineering work supervised by a licensed engineer or progressive experience in engineering work of a character satisfactory to the board, indicating that the applicant is competent to practice engineering; (3) an engineer-in-training with an earned doctoral degree in engineering acceptable to the board and with a specific record after the doctoral degree of two or more years of progressive experience in engineering work supervised by a licensed engineer or of a character satisfactory to the board, indicating that the applicant is competent to practice engineering; or (4) a person who has earned a doctoral degree in engineering that is acceptable to the board and with a specific record after the doctoral degree of two or more years of progressive experience in engineering work supervised by a licensed engineer or of a character satisfactory to the board, indicating that the applicant is competent to practice engineering. Editor's Note Prior Laws: 1991 Act No. 99, SECTION 1; 1993 Act No. 185, SECTIONS 1, 4, 5; 1976 Code SECTIONS 40-22-190, 40-22-195, 40-22-200. Effect of Amendment 2016 Act No. 259, SECTION 8, rewrote the section, revising education requirements.
S.C. Code Ann. § 40-47-80 — SC Code / Title 40 / Chapter 47 / Article 1 / Section 40-47-80
SECTION 40-47-80. Investigation of complaints.
Status: in_force

The department shall investigate complaints and violations as provided in Section 40-1-80.
S.C. Code Ann. § 40-59-510 — SC Code / Title 40 / Chapter 59 / Article 3 / Section 40-59-510
SECTION 40-59-510. Administration; roster of licensed home inspectors.
Status: in_force

The administrator is authorized to administer the provisions of this article. The administrator shall keep a register of all applicants for licensure, including the date of application and the name, qualifications, place of business, and place of residence of the applicant and the status of the license application. The administrator also shall maintain a roster including the name, place of business, residence, and business telephone number of each licensed home inspector. A copy of the roster must be available to anyone upon a written request to the commission. The commission may charge a reasonable fee for complying with a request for a roster. The amount of the fee must be established by the commission in regulation. Editor's Note Prior Laws:1994 Act No. 463, SECTION 3; 1976 Code SECTION 40-59-210.
S.C. Code Ann. § 40-36-280 — SC Code / Title 40 / Chapter 36 / Article 1 / Section 40-36-280
SECTION 40-36-280. Persons excepted from application of chapter.
Status: in_force

This chapter does not apply to a person: (1) employed as an occupational therapist or occupational therapy assistant by an agency of the federal government if occupational therapy is provided solely under the direction or control of the federal government agency; (2) who is enrolled in a course of study leading to a degree or certificate in occupational therapy in a program approved by the board if the occupational therapy activities and services constitute a part of a supervised course of study and if the person is designated by a title which clearly indicates a student or trainee status including "Occupational Therapy Student", "Occupational Therapy Assistant Student", "O.T.S.", "O.T.A.S.", or other designation approved by the board; (3) fulfilling the supervised field work experience requirements of Section 40-36-230. (4) licensed in this State by any other law and this chapter does not prohibit the person from engaging in the profession or occupation for which the person is licensed.
S.C. Code Ann. § 40-18-20 — SC Code / Title 40 / Chapter 18 / Section 40-18-20
SECTION 40-18-20. Definitions.
Status: in_force

As used in this chapter, unless the context otherwise requires, the term: (A) "Private investigation business" means engaging in business or accepting employment to obtain or furnish information with reference to the: (1) identity, habits, conduct, business, occupation, honesty, integrity, credibility, knowledge, trustworthiness, efficiency, loyalty, activity, movement, whereabouts, affiliations, associations, transactions, acts, reputation, or character of a person; (2) location, disposition, or recovery of lost or stolen property; (3) cause or responsibility for fires, libels, losses, accidents, damage, or injury to persons or property; or (4) securing of evidence to be used in a criminal or civil proceeding, or before a board, an administrative agency, an officer, or investigating committee. (B) "Security business" means the provision of personnel whose duties include watching over, protecting, or defending people or property against intrusion, damage, injury, or loss, and specifically includes, but is not limited to, the following authorities or responsibilities: to allow or refuse access to property or certain areas of property; detect, prevent, or report entry by unauthorized persons; observe for and react to hazards or hazardous situations; observe for and react to violations of law or policy; observe for and react to emergencies; observe for and react to thefts or other incidents; apprehend or report intruders or trespassers; and maintain order or discipline. (1) "Contract security business" means engaging in the security business by providing private patrol, watchman, guard, security, or bodyguard service for a fee. (2) "Proprietary security business" means employing security officers who are assigned to security duties on the employer's property. (C) "Security officer" means a person who provides security service by performing any security function, as detailed in this chapter. (D) "SLED" means the South Carolina Law Enforcement Division. (E) "Uniform" means clothing displaying a badge, emblem, insignia, indicia, or print identifying the wearer as a security officer.
S.C. Code Ann. § 40-45-230 — SC Code / Title 40 / Chapter 45 / Article 1 / Section 40-45-230
SECTION 40-45-230. Notarized application form; fee; mastery of English language; submission of transcripts; accommodations for disabled applicants; time period for completion of process; examination requirements.
Status: in_force

(A) An applicant must submit with an application for licensure: (1) a completed notarized application form; (2) the applicable fee in the form of a check or money order; (3) legal documentation indicating a name change, if applicable; (4) proof that the applicant can speak, write, and be tested in the English language if English is not the native language of country of origin. (B) An applicant must arrange to have the official transcript sent directly to the board from the applicant's physical therapy school. An applicant who is a new graduate of an approved school applying for licensure by examination may submit verification directly from the applicant's physical therapy school with the registrar's seal stating that graduation requirements have been met if the official transcript is not yet available. A final transcript indicating the degree and date the degree was conferred must be on file before a permanent license may be issued. (C) An applicant who is a graduate of a school that is not approved who is applying for licensure either by examination or endorsement must submit all items under subsection (A), must arrange to have an official transcript sent directly to the board, and also must submit an evaluation of educational credentials report. (D) An applicant with a documented disability may request special accommodations to take the examination. (E) An application for licensure must be completed within one year or the application and credentials must be brought up to date and resubmitted with payment of the applicable fee. (F) An application must be received by the board in a completed form, and an applicant must be determined by the board to be eligible to take the examination before the applicant can register for the examination. An eligible applicant must receive notification regarding registration procedures. (G) If an applicant fails the examination, whether or not taken in South Carolina, the applicant may take the examination up to six times, each time upon payment of the examination fee and completion of an official application. If the applicant fails the examination for a fifth time, the applicant must take courses the board may require and furnish evidence of completing these courses before taking the examination for the sixth time. (H) No person may be licensed under this chapter if the person has failed the examination six or more times, whether or not the exam was taken in South Carolina. (I) The grade required for passing the examination must be established by the board. Editor's Note Prior Laws:1962 Code SECTION 56-1345; 1952 (47) 1967; 1964 (53) 2388; 1971 (57) 405; 1981 Act No. 35, SECTION 1; 1982 Act No. 413, SECTION 11; 1976 Code SECTION 40-45-110. Effect of Amendment 2019 Act No. 64, SECTION 1, in (G), in the first sentence, substituted "up to six times, each time upon" for "a second time on", and rewrote the second sentence; and in (H), substituted "six or more times" for "three or more times".
S.C. Code Ann. § 40-36-550 — SC Code / Title 40 / Chapter 36 / Article 3 / Section 40-36-550
SECTION 40-36-550. Obtaining a new home state license by virtue of compact privilege.
Status: in_force

(A) An occupational therapist or occupational therapy assistant may hold a home state license, which allows for compact privileges in member states, in only one member state at a time. (B) If an occupational therapist or occupational therapy assistant changes primary state of residence by moving between two member states: (1) the occupational therapist or occupational therapy assistant shall file an application for obtaining a new home state license by virtue of a compact privilege, pay all applicable fees, and notify the current and new home states in accordance with applicable rules adopted by the commission; (2) upon receipt of an application for obtaining a new home state license by virtue of compact privilege, the new home state shall verify that the occupational therapist or occupational therapy assistant meets the pertinent criteria outlined in Section 40-36-540 by means of the data system, without need for primary source verification except for: (a) an FBI fingerprint-based criminal background check if not previously performed or updated pursuant to applicable rules adopted by the commission in accordance with Public Law 92-544; (b) other criminal background check as required by the new home state; and (c) submission of requisite jurisprudence requirements of the new home state; (3) the former home state shall convert the former home state license into a compact privilege once the new home state has activated the new home state license in accordance with applicable rules adopted by the commission; (4) notwithstanding any other provision of this compact, if the occupational therapist or occupational therapy assistant cannot meet the criteria in Section 40-36-540, the new home state shall apply its requirements for issuing a new single-state license; and (5) the occupational therapist or the occupational therapy assistant shall pay all applicable fees to the new home state in order to be issued a new home state license. (C) If an occupational therapist or occupational therapy assistant changes primary state of residence by moving from a member state to a nonmember state, or from a nonmember state to a member state, the state criteria applies for issuance of a single-state license in the new state. (D) Nothing in this compact may be construed to interfere with the ability of a licensee to hold a single-state license in multiple states; however, for the purposes of this compact, a licensee shall have one home state license. (E) Nothing in this compact may be construed to affect the requirements established by a member state for the issuance of a single-state license.
S.C. Code Ann. § 40-10-42 — SC Code / Title 40 / Chapter 10 / Section 40-10-42
SECTION 40-10-42. Renewal of license.
Status: in_force

(A) Each licensee shall apply to the department for license renewal before the license expiration date on a form prepared by the department. Renewal applications not postmarked by the expiration date result in a lapse license cancellation. An entity that fails to renew and continues to engage in fire sprinkler work is practicing without a license and subject to the penalties prescribed in this chapter. (B) A license not renewed after ninety days from the expiration date cannot be considered for renewal. An initial application form and fees and late renewal penalty must be submitted to obtain a new license. The licensee shall submit documentation of a current comprehensive general liability insurance policy for all license renewals. (C) Any change that varies from the license's renewal application must be reported to the department within fifteen days from the date of the change.
S.C. Code Ann. § 40-6-340 — SC Code / Title 40 / Chapter 6 / Section 40-6-340
SECTION 40-6-340. Claims against fund; notification of licensee; investigation.
Status: in_force

(A) A person aggrieved by the conduct of a licensee may file a claim against the fund if the: (1) facts giving rise to the claim are based on a specific violation of this chapter or regulations promulgated under this chapter; (2) claimant has made demand upon the licensee by certified mail, return receipt requested, for actual damages, and the demand has been refused or ignored; (3) claimant is not licensed under this chapter or a party jointly responsible for the claim; (4) the claim is filed no later than one year from the date of discovery of the loss. (B) The claim must be made under oath and upon a form the commission prescribes and shall contain: (1) name and address of the claimant; (2) name and address of the licensee and his last known working address; (3) a detailed statement of the events precipitating the loss and documents and other evidence supporting the claim; (4) amount of monies sought and evidence supporting this amount; (5) copies of complaints and other legal process initiated, if any; (6) disclosure of partial satisfaction received, offered, or otherwise available from the licensee, including a bond, an insurance policy, or another source of funds. (C) Upon receiving a claim in proper form, the commission shall forward the claim by certified mail, return receipt requested, to the last known address of the licensee. The licensee, within thirty days, shall file a verified answer to the claim. If no answer is filed within thirty days, the licensee is in default, and the commission shall schedule a hearing on the claim. If the licensee fails to timely answer, the commission shall investigate the claim for not more than sixty days and promptly schedule a hearing on the claim. The licensee, commission, and claimant may present evidence and question and cross-examine witnesses as parties to the hearing. (D) Failure of the claimant to comply with this section is a waiver of rights under this section. (E) No claim may be made against or paid from the fund in connection with a licensee who is licensed pursuant to Section 40-6-230 (B) or (C). Editor's Note Prior Laws:1991 Act No. 38, SECTION 1; 1976 Code SECTION 40-6-210.
S.C. Code Ann. § 40-55-150 — SC Code / Title 40 / Chapter 55 / Article 1 / Section 40-55-150
SECTION 40-55-150. Revocation or suspension of license or other disciplinary action; grounds.
Status: in_force

(A) The board may revoke, suspend, or restrict the license or permit of a psychologist or reprimand a psychologist when it is established that the psychologist is guilty of misconduct. Misconduct is a satisfactory showing to the board that a license or permit holder: (1) has used a false, fraudulent, or forged statement or document or has practiced a fraudulent, deceitful, or dishonest act in connection with a license requirement; (2) has been convicted of a felony or other crime involving moral turpitude. Forfeiture of a bond or a plea of nolo contendere must be considered the equivalent of a conviction; (3) practiced psychology while under the influence of alcohol or drugs to such a degree as to adversely affect the license or permit holder's ability to practice psychology; (4) uses alcohol or drugs to such a degree as to adversely affect the license or permit holder's ability to practice psychology; (5) has knowingly performed an act which in any way assists a person to practice psychology illegally; (6) 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 psychologist; (7) has sustained physical or mental impairment or disability which renders further practice by the license or permit holder dangerous to the public; (8) has violated the principles of ethics as adopted by the board and published in its regulations; (9) has engaged in conduct that is deceptive, fraudulent, or harmful to the public; (10) is guilty of obtaining fees or assisting in obtaining fees under deceptive, false, or fraudulent circumstances; (11) is guilty of the use of an intentionally false or fraudulent statement in a document connected with the practice of psychology; (12) has been found by the board to lack the professional competence to practice psychology; (13) has violated a provision of this chapter regulating the practice of psychology. (B) In addition to all other remedies and actions incorporated in this chapter, the license of a psychologist adjudged mentally incompetent by a court of competent jurisdiction must be automatically suspended by the board until the psychologist is adjudged by a court of competent jurisdiction or in any other manner provided by law as being restored to mental competency.
S.C. Code Ann. § 40-10-90 — SC Code / Title 40 / Chapter 10 / Section 40-10-90
SECTION 40-10-90. Presentation of results of investigation; conduct of hearing.
Status: in_force

The results of an investigation must be presented to the board and any subsequent hearing must be conducted in accordance with Section 40-1-90.
S.C. Code Ann. § 40-37-120 — SC Code / Title 40 / Chapter 37 / Section 40-37-120
SECTION 40-37-120. Basis for disciplinary action.
Status: in_force

The board may take disciplinary action against a person as provided for in this chapter or Chapter 1 of Title 40.
S.C. Code Ann. § 40-33-42 — SC Code / Title 40 / Chapter 33 / Article 1 / Section 40-33-42
SECTION 40-33-42. Delegation of tasks to unlicensed assistive personnel.
Status: in_force

(A) An advanced practice registered nurse, registered nurse, or licensed practical nurse is responsible for the delegation and supervision of nursing tasks to unlicensed assistive personnel. Tasks that may be assigned to unlicensed assistive personnel must be stated in the employers' policies, and the employer shall verify the training of this personnel and their competencies to perform the tasks. (B) Tasks which may be delegated and performed under supervision may include, but are not limited to: (1) meeting patients' needs for personal hygiene; (2) meeting patients' needs relating to nutrition; (3) meeting patients' needs relating to ambulation; (4) meeting patients' needs relating to elimination; (5) taking vital signs; (6) maintaining asepsis; (7) observing, recording, and reporting any of the tasks enumerated in the subsection. (C) Subject to the rights of licensed physicians and dentists under state law, and except as provided in Section 40-47-196 regarding the delegation of tasks to certified medical assistants, the administration of medications is the responsibility of a licensed nurse as prescribed by the licensed physician, dentist, other authorized licensed provider or as authorized in an approved written protocol or guidelines. Unlicensed assistive personnel must not administer medications, except as otherwise provided by law. Effect of Amendment 2022 Act No. 171, SECTION 3, in (C), in the first sentence, inserted "and except as provided in Section 40-47-196 regarding the delegation of tasks to certified medical assistants,".
S.C. Code Ann. § 40-60-33 — SC Code / Title 40 / Chapter 60 / Article 1 / Section 40-60-33
SECTION 40-60-33. Educational and applicable experience requirements.
Status: in_force

In addition to the requirements of Section 40-60-31, an applicant for a permit, license, or certification shall provide proof of having met the following educational and applicable experience requirements: (1) To qualify as an apprentice appraiser, an applicant shall: (a) furnish evidence that the applicant will be supervised by an appraiser who is state-certified by the board; (b) furnish evidence that the applicant has successfully completed additional education as required by the Appraiser Qualifications Board or promulgated by the board in regulation; and (c) successfully complete a trainee/supervisor course conducted in compliance with the Appraiser Qualifications Board requirements. (2) To qualify as a state-licensed appraiser or licensed mass appraiser, an applicant shall: (a) furnish evidence that the applicant has successfully completed additional education as required by the Appraiser Qualifications Board or promulgated by the board in regulation; (b) successfully complete experience as required by the Appraiser Qualifications Board or promulgated by the board in regulation. Experience may include, but is not limited to, fee and staff appraisal, ad valorem tax appraisal not to exceed fifty percent of the total hours claimed, review appraisal, appraisal analysis, highest and best use analysis, and feasibility analysis/study. Mass appraiser experience may be one hundred percent ad valorem tax appraisal. The verification for experience credit claimed by an applicant must be by affidavit on forms prescribed by the board; and (c) pass an examination approved by the board. The prerequisites to sit for the examination are completion of the educational requirements and appraisal experience. (3) To qualify as a state-certified residential appraiser or certified residential mass appraiser, an applicant shall: (a) furnish evidence that the applicant has successfully completed additional education as required by the Appraiser Qualifications Board or promulgated by the board in regulation; (b) successfully complete experience as required by the Appraiser Qualifications Board or promulgated by the board in regulation. Experience may include, but is not limited to, fee and staff appraisal, ad valorem tax appraisal not to exceed fifty percent of the total hours claimed, review appraisal, appraisal analysis, highest and best use analysis, and feasibility analysis/study. Mass appraiser experience may be one hundred percent ad valorem tax appraisal. The verification for experience credit claimed by an applicant must be by affidavit on forms prescribed by the board; and (c) pass an examination approved by the board. The prerequisites to sit for the examination are completion of the educational requirements and appraisal experience. (4) To qualify as a state-certified general appraiser or certified general mass appraiser, an applicant shall: (a) furnish evidence that the applicant has successfully completed additional education required by the Appraiser Qualifications Board or promulgated by the board in regulation; (b) successfully complete experience as required by the Appraiser Qualifications Board or promulgated by the board in regulation. Experience may include, but is not limited to, fee and staff appraisal, ad valorem tax appraisal not to exceed fifty percent of the total hours claimed, review appraisal, appraisal analysis, highest and best use analysis, and feasibility analysis/study. Mass appraiser experience may be one hundred percent ad valorem tax appraisal. The verification for experience credit claimed by an applicant must be by affidavit on forms prescribed by the board; and (c) pass an examination approved by the board. The prerequisites to sit for the examination are completion of the educational requirements and appraisal experience. Editor's Note Prior Laws:1991 Act No. 12, SECTION 1; 1993 Act No. 143, SECTION 4; 1994 Act No. 385, SECTION 22; 2000 Act No. 335, SECTION 1; 1976 Code SECTIONS 40-60-90, 40-60-100. Effect of Amendment 2014 Act No. 180, SECTION 3, in subsection (1), substituted "apprentice appraiser" for "appraiser apprentice"; added subsection (1)(c); in subsections (2)(c), (3)(c), and (4)(c), substituted "The prerequisites" for "The only prerequisite", and added "and appraisal experience"; in subsection (5), substituted "state-certified residential mass appraiser, or state-certified general mass appraiser" for "certified mass appraiser, or certified general mass appraiser"; and made other nonsubstantive changes. 2024 Act No. 196, SECTION 5, rewrote the section.
S.C. Code Ann. § 40-22-280 — SC Code / Title 40 / Chapter 22 / Section 40-22-280
SECTION 40-22-280. Exceptions from application of chapter.
Status: in_force

(A) This chapter may not be construed to prevent or to affect: (1) the practice of any other regulated profession or trade where the practice of the profession or trade may legitimately overlap the professions regulated by this chapter; (2) the work of an employee or other subordinate of a person holding a certificate of registration under this chapter; (3) the engineering work of full-time, non-temporary employees of the government of the United States officially performing their duties for their employer on federal lands within this State, in the practice of engineering for the government, and where specified by federal statute; (4) the surveying work of full-time, non-temporary employees of the government of the United States officially performing their duties for their employer on lands within this State, in the practice of surveying for the government, and where specified by federal statute; (5) the work or practice of a full-time, non-temporary employee of a public utility, a telephone utility, or an electrical utility by rendering to the employing company engineering service in connection with its facilities which are subject to regulation, supervision, and control in order to safeguard life, health, and property by the Public Service Commission of this State, so long as the person is actually and exclusively employed. Engineering work not related to the exemption in this item where the safety of the public is directly involved must be accomplished by or under the responsible charge of a professional engineer; (6) the work or practice of a regular employee of an electric cooperative, when rendering to the employing cooperative engineering service in connection with its facilities which are subject to regulations and inspections of the Rural Utilities Service, if the person is actually and exclusively employed. Engineering work not related to the exemption in this item where the safety of the public is directly involved must be accomplished by or under the responsible charge of a professional engineer; (7) the work or practice of a full-time, non-temporary employee of a state authority which is licensed by and subject to the safety regulations of the Federal Energy Regulatory Commission and which sells and distributes electric power to consumers, so long as the person is actually and exclusively employed. Engineering work not related to the exemption in this item where the safety of the public is directly involved must be accomplished by or under the responsible charge of a registered professional engineer; (8) the work of a general contractor, specialty contractor, or material supplier in the preparation and use of shop drawings or other graphic descriptions used to detail or illustrate a portion of the work required to construct the project in accordance with plans and specifications prepared under the requirements of this chapter; (9) the work or practice of a person rendering engineering services to a corporation that operates in South Carolina under a production certificate issued by the Federal Aviation Authority, provided that the general business of the corporation does not consist, either wholly or in part, of the rendering of engineering services to the general public. For purposes of this section, "engineering services" means design, construction, and maintenance of airplanes and airplane manufacturing equipment; and (10) the activities of full-time employees of a manufacturing company or other personnel under the direct supervision and control of the manufacturing company, or a subsidiary of the manufacturing company, on or in connection with activities related to the research, development, design, fabrication, production, assembly, integration, installation, or service of products manufactured by the manufacturing company. This exemption does not apply to activities where the seal of a professional engineer is expressly required by statute, regulation, or building code, or to engineering services offered to the public. For the purposes of this item, "manufacturing company" means a company that produces or assembles tangible personal property and "other personnel" includes individuals employed by a staffing company working for the manufacturing company. (B) If drawings and specifications are signed by the authors with the true title of their occupations, this chapter does not apply to the preparation of plans and specifications for: (1) farm buildings not designed or used for human occupancy; (2) buildings and structures less than three stories high and less than five thousand square feet in area, except that buildings and structures classified as assembly, educational, high hazard, institutional, or uses as defined by the International Code Series, as adopted by the State of South Carolina, regardless of size or area, are not exempt from the provisions of this chapter; (3) one- and two-family dwellings in compliance with the prescriptive requirements of the International Residential Code, as adopted by the State of South Carolina. All other buildings and structures classified as residential occupancies or uses in the International Code Series and that are beyond the scope of the International Residential Code are not exempt from the provisions of this chapter; and (4) alterations to a building to which this chapter does not apply, if the alterations do not result in a change which would otherwise place the building under the application of this chapter. (C) This subsection may not be construed to prejudice a law, ordinance, regulation, or other directive enacted by another political body or a requirement by a contracting authority which would otherwise require preparation of plans and specifications under the responsible charge of a professional engineer or professional surveyor. Editor's Note Prior Laws: 1991 Act No. 99, SECTION 1; 1976 Code SECTION 40-22-460. Effect of Amendment The 2013 amendment added subparagraph (A)(9). 2014 Act No. 157, SECTION 1, added subsection (A)(10), relating to exemptions for certain activities performed by full-time employees or other personnel of a manufacturing company, and made other non substantive changes. 2016 Act No. 259, SECTION 15, in (A), substituted "full-time, non-temporary" for "regular" throughout; rewrote (B)(2); and added (B)(3), relating to one- and two-family dwellings. 2017 Act No. 18, SECTION 2, in (A)(6), substituted "regular employee" for "full-time, non-temporary employee" and substituted "Rural Utilities Service" for "Rural Electric Administration". 2018 Act No. 138, SECTION 3, in (B)(2), substituted "less than three stories high and less than five thousand square feet in area" for "not requiring a permit by the authority having jurisdiction", and "educational, high hazard, institutional, or uses as defined by the International Code Series" for "business, educational, factory and industrial, high hazard, institutional, mercantile, storage, and utility occupancies or uses in the International Code Series".
S.C. Code Ann. § 40-13-230 — SC Code / Title 40 / Chapter 13 / Section 40-13-230
SECTION 40-13-230. Qualifications for licensure; cosmetologist; esthetician; nail technician.
Status: in_force

(A) A license as a cosmetologist must be issued by the board to a person who: (1) is at least sixteen years of age and possesses at least a tenth grade education or the equivalent as established by tests used in the public schools or tests approved by the board; (2) has completed at least one thousand five hundred hours in classes in cosmetology in a reliable school approved by the board or is a registered master hair care specialist pursuant to Chapter 7 who has satisfied educational requirements established by the board in regulation; and (3) has passed the examination prescribed by the board and pays the required fee. (B) A license as an esthetician must be issued by the board to a person who: (1) is at least sixteen years of age and possesses at least a tenth grade education or the equivalent as established by tests used in the public schools or tests approved by the board; (2) has completed at least four hundred fifty hours in classes in skin care in a reliable school approved by the board or comparable training approved by the board; and (3) has passed the examination prescribed by the board and pays the required fee. (C) A license as a nail technician must be issued by the board to a person who: (1) is at least sixteen years of age and possesses at least a tenth grade education or the equivalent as established by tests used in the public schools or tests approved by the board; (2) has completed at least three hundred hours in classes in a reliable nail technician school approved by the board or comparable training approved by the board; and (3) has passed the examination prescribed by the board and pays the required fee. (D) Temporary permits to practice as a cosmetologist, esthetician, or nail technician may be issued in accordance with regulations promulgated by the board. Editor's Note Prior Laws:1934 (38) 1349; 1942 Code SECTION 5250-14; 1952 Code SECTION 56-464; 1962 Code SECTION 56-464; 1963 (53) 553; 1982 Act No. 388; 1976 Code SECTION 40-13-90.
S.C. Code Ann. § 40-47-640 — SC Code / Title 40 / Chapter 47 / Article 5 / Section 40-47-640
SECTION 40-47-640. Renewal and reinstatement of licenses.
Status: in_force

(A) Licenses issued under this article are subject to annual renewal and expire unless renewed in the manner prescribed by the regulations of the committee. The committee may recommend additional requirements for license renewal which provide evidence of continued competency. The board may provide for the late renewal of a license upon payment of a late fee. (B) An inactive license is subject to expiration and may be renewed as provided in this section, but renewal does not entitle the respiratory care practitioner, while the license remains inactive, to engage in the certified activity of respiratory therapy. If a certificate suspended on disciplinary grounds is reinstated, the respiratory care practitioner, as a condition of reinstatement, shall pay the renewal fee and any applicable late fee.
S.C. Code Ann. § 40-8-150 — SC Code / Title 40 / Chapter 8 / Section 40-8-150
SECTION 40-8-150. Disciplinary action; grounds.
Status: in_force

In addition to grounds for disciplinary actions as set forth in Section 40-1-110, the board shall take disciplinary action against a licensee who: (1) fails to pay the required fees; (2) fails to make required reports; (3) fails to remit to the care and maintenance trust fund or merchandise trust fund the required amounts; (4) knowingly makes a false statement intended to influence or persuade; (5) knowingly and continually makes flagrant misrepresentations or knowingly condones false promises by its cemetery agents or salesmen; (6) wilfully violates this chapter or regulations promulgated by the board; (7) acts in a fraudulent manner, whether of the same or a different character than specified in this section; (8) fails to make required contributions to the care and maintenance trust fund or any other funds required to be established and maintained by this chapter.
S.C. Code Ann. § 40-13-80 — SC Code / Title 40 / Chapter 13 / Section 40-13-80
SECTION 40-13-80. Authority to investigate complaints and violations.
Status: in_force

The 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. § 40-15-125 — SC Code / Title 40 / Chapter 15 / Article 1 / Section 40-15-125
SECTION 40-15-125. Dental laboratory filling prescription originating in State as performing dental technology work in State; requirements; information to be provided to dentist.
Status: in_force

A dental laboratory is considered to perform dental technological work in this State if the work product is prepared pursuant to a written prescription originating in this State, and in order for a dental laboratory to perform dental technological work that originated in this State: (1) the laboratory work must be authorized by a person employed in that laboratory who is registered with the State Board of Dentistry pursuant to Sections 40-15-120, 40-15-240, and 40-15-170; (2) the dental technological work must be based on a prescription issued by a dentist licensed and practicing in this State; and (3) the laboratory shall return to the dentist who issued the prescription certification of: (a) the country of origin where the dental technological work was performed, in whole or in part; (b) a list of all materials, including the percentage of each ingredient used in the fabrication of the dental device; and (c) the name, address, and certificate number of the person or organization authorized to manufacture the dental device.
S.C. Code Ann. § 40-59-500 — SC Code / Title 40 / Chapter 59 / Article 3 / Section 40-59-500
SECTION 40-59-500. Definitions.
Status: in_force

As used in this article: (1) "Administrator" means the Executive Director for the South Carolina Residential Builders Commission provided for under Section 40-59-50. (2) "Commission" means the South Carolina Residential Builders Commission. (3) "Director" means the Director of the Department of Labor, Licensing and Regulation. (4) "Home inspection" means the rendering of a written or oral report in exchange for compensation of any sort, regarding the condition of the construction or improvements to a residence including, but not limited to, structural problems or conditions, damage, safety problems, deterioration, equipment, and systems that are visible and readily accessible. Home inspection does not include a contract or proposal for repair, renovation, or remodeling of the improvements to a residence. The parties to a home inspection may limit or expand the scope of the inspection by agreement. (5) "Home inspector" means an individual who, for compensation of any sort, engages in the business of home inspection. (6) "Residence" means a structure including, but not limited to, condominiums and townhouses intended to be used or in fact used primarily for living quarters which is not over three floors in height and which does not have more than sixteen units. Editor's Note Prior Laws:1994 Act No. 463, SECTION 3; 1976 Code SECTION 40-59-200.
S.C. Code Ann. § 40-53-250 — SC Code / Title 40 / Chapter 53 / Section 40-53-250
SECTION 40-53-250. Penalties.
Status: in_force

Any person who violates any provision of this chapter or any person who falsely states or represents that he has been or is a polygraph examiner or trainee or that he is qualified to apply instrumentation to the detection of deception or verification of truth of statements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than one hundred dollars nor more than one thousand dollars or by imprisonment in the county jail for a term of not to exceed six months, or both.
S.C. Code Ann. § 40-37-325 — SC Code / Title 40 / Chapter 37 / Section 40-37-325
SECTION 40-37-325. Multiple offices; display of license.
Status: in_force

Nothing in this chapter may be construed to limit the number or to prescribe or restrict the location of offices an individual optometrist or group of optometrists may operate. Every optometrist must display a separate certificate of licensure certified by the board in each location in which the optometrist practices. Duplicate certificates of licensure may be obtained from the board by filing an application on a form prescribed by the board and paying the prescribed fees. Editor's Note Prior Laws:1917 (30) 1; Civ. C. '22 SECTION 2462; 1929 (36) 141; 1932 Code SECTION 5241; 1942 Code SECTION 5241; 1952 Code SECTION 56-1068; 1962 Code SECTION 56-1068; 1982 Act No. 395, SECTION 1; 1976 Code SECTION 40-37-120.
S.C. Code Ann. § 40-65-200 — SC Code / Title 40 / Chapter 65 / Section 40-65-200
SECTION 40-65-200. Penalties.
Status: in_force

A person who practices or offers to practice professional soil classifying in this State without being licensed in accordance with the provisions of this chapter or a person, firm, partnership, organization, association, corporation, or other entity using or employing the words "soil classifier" or "professional soil classifier", or any modification or derivative of these terms, in its name or form of business or activity, except as authorized in this chapter, or any person presenting or attempting to use the license of another, or any person who shall give any false or forged evidence of any kind to the department in obtaining or attempting to obtain a license or any person who shall falsely impersonate a licensee of like or different name, or any person who attempts to use an expired or revoked or nonexistent license, or who practices or offers to practice when not qualified, or any person who falsely claims that he is licensed under this chapter, or any person, partnership, corporation, or other entity who violates a provision of this chapter is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than three months. Each violation constitutes a separate offense. It is the duty of all constituted officers of the State and all political subdivisions of the State to enforce the provisions of this chapter and to prosecute any person violating this chapter.
S.C. Code Ann. § 40-19-300 — SC Code / Title 40 / Chapter 19 / Section 40-19-300
SECTION 40-19-300. Construction of chapter; limitations on authority of persons with fiduciary relationship with deceased; sale of burial vaults by operators of commercial cemeteries.
Status: in_force

Nothing contained in this chapter may be construed to govern or limit the authority of an administrator or executor, trustee, or other person having a fiduciary relationship with the deceased. Further, nothing contained in this chapter may be construed to prohibit the sale of burial vaults by persons engaged in the business of operating a commercial cemetery.
S.C. Code Ann. § 40-47-950 — SC Code / Title 40 / Chapter 47 / Article 7 / Section 40-47-950
SECTION 40-47-950. Limited PA license; conditions for issuance; duration; responsibilities of supervising physician.
Status: in_force

(A) The board may issue a limited PA license to an applicant who has: (1) submitted a completed application on forms provided by the board; (2) paid the nonrefundable application fees established by this regulation; (3) successfully completed an educational program for PAs approved by the Accreditation Review Commission on Education for the Physician Assistant or its predecessor or successor organization; (4) not previously failed two consecutive NCCPA certifying examinations and has registered for, or intends to register to take the next offering of, the NCCPA examination; (5) certified that the applicant mentally and physically is able to engage safely in practice as a PA; (6) no licensure, certificate, or registration as a PA under current discipline, revocation, suspension, probation, or investigation for cause resulting from the applicant's practice as a PA; (7) good moral character; (8) submitted to the board any other information the board considers necessary to evaluate the applicant's qualifications; and (9) appeared before a board member or board designee if requested by the board with any documents requested by the board and demonstrated knowledge of the contents of this article. (B) A limited license is not renewable and is valid only until the results of a limited licensee's two consecutive NCCPA certifying examinations are reported to the board. When a limited licensee has failed two consecutive NCCPA certifying examinations, or fails one exam and does not take the NCCPA certifying examination at the next opportunity or, after applying for a limited license, fails to register for the next offering of the examination, the limited license immediately is void and the applicant is no longer eligible to apply for further limited licensure. (C) The supervising physician of a limited licensee physically must be present on the premises at all times when the limited licensee is performing a task. Effect of Amendment The 2013 amendment, in subsection (A)(9), deleted "the applicant's supervising physician and" before "all original diplomas and certificates"; and in subsection (C), deleted the second sentence, relating to on-the-job training. 2019 Act No. 32, SECTION 2, substituted "PA" and "PAs" for "physician assistant" and "physician assistants" throughout; in (A), in (9), substituted "if requested by the board with any documents requested by the board" for "with all original diplomas and certificates", deleted (10), and made nonsubstantive changes.
S.C. Code Ann. § 40-47-210 — SC Code / Title 40 / Chapter 47 / Article 1 / Section 40-47-210
SECTION 40-47-210. Civil action for injunctive relief against person or entity violating chapter; fines.
Status: in_force

The department, in addition to instituting a criminal proceeding, may institute a civil action through the Administrative Law Court for injunctive relief against a person or entity violating this chapter, a regulation promulgated pursuant to this chapter, or an order of the board. For each violation the administrative law judge may impose a fine of not more than ten thousand dollars.
S.C. Code Ann. § 40-69-230 — SC Code / Title 40 / Chapter 69 / Article 1 / Section 40-69-230
SECTION 40-69-230. Application for veterinary technician license examination; qualifications; conduct and evaluation of examination.
Status: in_force

(A) An applicant for a veterinary technician license examination shall submit to the board, on or before a specified date to be determined by the board, a completed application on forms prescribed by the board and supported by proper credentials and the payment of a fee to be set by the board in regulation. (B) Fees must not be returned under any circumstances, regardless of whether the applicant is accepted for examination, fails the examination, withdraws the application, or is issued or denied a license. If an applicant fails to take the examination for a legitimate reason, the board may allow the applicant to take the examination at a later date without having to pay another fee. (C) After the board accepts the application and finds that the applicant is otherwise qualified to meet the requirements necessary to practice veterinary technology, the applicant may be examined by the board at its next scheduled examination date. The board shall give notice to the applicant of the exact time and place of the examination. (D) The board shall conduct examinations of all applicants, and the board may examine an applicant who submits satisfactory evidence that the applicant: (1) is at least eighteen years of age; (2) is a graduate of an American Veterinary Medical Association accredited school of animal technology; (3) has paid the required fee; and (4) has provided other documents as the board may require. (E) The examination of an applicant for licensure must be conducted in accordance with regulations promulgated by the board. The board shall require the applicant to take a written examination in subjects relating to veterinary technology as the board may require. The board shall accept the Veterinary Technician National Examination or other nationally recognized examinations approved by the board. The board may administer an additional examination to determine an applicant's familiarity with applicable state law. (F) The board shall establish a minimum passing grade for each examination given and shall hold at least one examination annually. Each applicant is entitled to at least one reexamination. (G) A person previously issued a certificate to work as a veterinary technician before August 2, 1981, by the South Carolina State Board of Veterinary Medical Examiners, upon payment of the required fee must be issued a certificate by the board.
S.C. Code Ann. § 40-6-110 — SC Code / Title 40 / Chapter 6 / Section 40-6-110
SECTION 40-6-110. Grounds for action against licensee or one otherwise acting as auctioneer; licensee adjudged mentally incompetent.
Status: in_force

(A) In addition to the grounds of misconduct provided for in Section 40-1-110, the commission may take action, pursuant to Section 40-6-210, against a licensee or a person who has unlawfully assumed to act in the capacity as an auctioneer if the person or licensee is found by the commission to have: (1) violated this chapter or a regulation promulgated under this chapter; or (2) engaged in a continued and flagrant course of misrepresentation or made false promises or authorized an agent of the licensee to make misrepresentations or false promises; (3) failed to account for or to pay over within a reasonable time, not to exceed thirty days, money belonging to another which has come into the licensee's possession through an auction sale; (4) used misleading or untruthful advertising; (5) engaged in conduct in connection with a sales transaction, which demonstrates bad faith or dishonesty; (6) knowingly used false bidders, cappers, or pullers or knowingly made a material false statement or representation; (7) been convicted of a felony or an act involving fraud or moral turpitude. Forfeiture of a bond or a plea of nolo contendere is the equivalent of a conviction; (8) wilfully failed to properly and fully complete an application or made a false statement or gave false information in connection with an application for a license or renewal or reinstatement of a license or an investigation by the commission or the commission's designated agent; (9) failed to maintain or to deposit in a trust or escrow account in an insured bank or savings and loan association within three business days funds received for another person through sale at auction, unless otherwise required by law; (10) failed to pay a fine assessed or ordered by the commission under Section 40-6-210; (11) wilfully failed to properly make a disclosure or to provide documents or information required by this chapter or the commission; (12) demonstrated lack of financial responsibility; (13) knowingly performed an act, which substantially assists a person to conduct an auction illegally; (14) practiced during the time his license has lapsed or been suspended or revoked. (B) In addition to other remedies and actions incorporated in this chapter, the license of a licensee adjudged mentally incompetent by a court of competent jurisdiction must be suspended automatically by the commission until the licensee is adjudged competent by a court of competent jurisdiction. Editor's Note Prior Laws:1977 Act No. 111, SECTION 16; 1987 Act No. 33 SECTION 1; 1990 Act No. 511, SECTION 1; 1993 Act No. 155, SECTION 13; 1976 Code SECTION 40-6-160.
S.C. Code Ann. § 40-63-620 — SC Code / Title 40 / Chapter 63 / Article 3 / Section 40-63-620
SECTION 40-63-620. Effectiveness of compact; withdrawal; amendment.
Status: in_force

(A) The compact shall come into effect on the date on which the compact statute is enacted into law in the seventh member state. The provisions, which become effective at that time, shall be limited to the powers granted to the commission relating to assembly and the promulgation of rules. Thereafter, the commission shall meet and exercise rulemaking powers necessary to the implementation and administration of the compact. All actions taken for the benefit of the commission and/or in furtherance of the purposes of the administration of the compact prior to the effective date of the compact and/or the commission coming into existence shall be considered to be actions of the commission unless specifically repudiated by the commission. (B) Any state that joins the compact subsequent to the commission's initial adoption of the rules and bylaws shall be subject to the rules and bylaws as they exist on the date on which the compact becomes law in that state. Any rule that has been previously adopted by the commission shall have the full force and effect of law on the day the compact becomes law in that state. (C) Any member state may withdraw from this compact by enacting a statute repealing the same. (1) A member state's withdrawal shall not take effect until one hundred eighty days after enactment of the repealing statute. (2) Withdrawal shall not affect the continuing requirement of the withdrawing state's licensing authority to comply with the investigative and adverse action reporting requirements of this compact prior to the effective date of withdrawal. (D) Upon the enactment of a statute withdrawing from this compact, a state shall immediately provide notice of such withdrawal to all licensees within that state. Notwithstanding any subsequent statutory enactment to the contrary, such withdrawing state shall continue to recognize all licenses granted pursuant to this compact for a minimum of six months after the date of such notice of withdrawal. (E) Nothing contained in this compact shall be construed to invalidate or prevent any social work licensure agreement or other cooperative arrangement between a member state and a nonmember state that does not conflict with the provisions of this compact. (F) This compact may be amended by the member states. No amendment to this compact shall become effective and binding upon any member state until it is enacted into the laws of all member states. Editor's Note 2025 Act No. 66, SECTION 1, provides as follows: "SECTION 1. This act may be cited as the 'Social Work Interstate Compact Act.'"
S.C. Code Ann. § 40-11-170 — SC Code / Title 40 / Chapter 11 / Article 1 / Section 40-11-170
SECTION 40-11-170. Costs of investigation and prosecution.
Status: in_force

A person found in violation of this chapter or regulations promulgated under this chapter may be required to pay costs associated with the investigation and prosecution of the case in accordance with Section 40-1-170.
S.C. Code Ann. § 40-63-630 — SC Code / Title 40 / Chapter 63 / Article 3 / Section 40-63-630
SECTION 40-63-630. Construction and severability.
Status: in_force

(A) This compact and the commission's rulemaking authority shall be liberally construed so as to effectuate the purposes, and the implementation and administration of the compact. Provisions of the compact expressly authorizing or requiring the promulgation of rules shall not be construed to limit the commission's rulemaking authority solely for those purposes. (B) The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is held by a court of competent jurisdiction to be contrary to the constitution of any member state, a state seeking participation in the compact, or of the United States, or the applicability thereof to any government, agency, person or circumstance is held to be unconstitutional by a court of competent jurisdiction, the validity of the remainder of this compact and the applicability thereof to any other government, agency, person or circumstance shall not be affected thereby. (C) Notwithstanding subsection (B), the commission may deny a state's participation in the compact or, in accordance with the requirements of Section 40-63-620(B), terminate a member state's participation in the compact, if it determines that a constitutional requirement of a member state is, or would be with respect to a state seeking to participate in the compact, a material departure from the compact. Otherwise, if this compact shall be held to be contrary to the constitution of any member state, the compact shall remain in full force and effect as to the remaining member states and in full force and effect as to the member state affected as to all severable matters. Editor's Note 2025 Act No. 66, SECTION 1, provides as follows: "SECTION 1. This act may be cited as the 'Social Work Interstate Compact Act.'"
S.C. Code Ann. § 40-65-160 — SC Code / Title 40 / Chapter 65 / Section 40-65-160
SECTION 40-65-160. Omitted by 2010 Act No. 249, SECTION 2.A, eff June 11, 2010.
Status: in_force

Editor's Note Former SECTION 40-65-160 was entitled "Time and place of examinations; passing grade; reexamination" and was derived from 1962 Code SECTION 56-1546.46; 1974 (58) 2828; 1993 Act No. 181, SECTION 946.
S.C. Code Ann. § 40-47-570 — SC Code / Title 40 / Chapter 47 / Article 5 / Section 40-47-570
SECTION 40-47-570. Employment of additional staff by director.
Status: in_force

The Director of the Department of Labor, Licensing, and Regulation, pursuant to Section 40-73-15, may employ additional staff as necessary for the performance of its duties under this article.
S.C. Code Ann. § 40-23-210 — SC Code / Title 40 / Chapter 23 / Section 40-23-210
SECTION 40-23-210. 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 Section 40-1-210.
S.C. Code Ann. § 40-63-210 — SC Code / Title 40 / Chapter 63 / Article 1 / Section 40-63-210
SECTION 40-63-210. Civil penalties; 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 Section 40-1-210, providing for civil actions through the Administrative Law Court for injunctive relief as provided in other sections of this chapter.
S.C. Code Ann. § 40-43-50 — SC Code / Title 40 / Chapter 43 / Section 40-43-50
SECTION 40-43-50. Board meetings; quorum; chair and vice chair.
Status: in_force

(A) The board is styled the "Board of Pharmacy" and shall meet in the City of Columbia or any other place in the State designated by the board at least three times a year. The board may meet additionally for administrative purposes at the call of the chairman or of two-thirds of its members. (B) A simple majority of the appointed members of the board constitutes a quorum for the transaction of business. The board shall elect a chairman and a vice chairman. Editor's Note Prior Laws:1925 (34) 32; 1932 Code SECTION 5168; 1942 Code SECTION 5168; 1952 Code SECTION 56-1302; 1962 Code SECTION 56-1302; 1980 Act No. 492, SECTION 2; 1984 Act No. 425; 1976 Code SECTION 40-43-20.
S.C. Code Ann. § 40-33-20 — SC Code / Title 40 / Chapter 33 / Article 1 / Section 40-33-20
SECTION 40-33-20. Definitions.
Status: in_force

In addition to the definitions provided in Section 40-1-20, for purposes of this chapter: (1) "Accreditation" means official authorization or status granted by an agency other than a state board of nursing. (2) "Active license" means the status of a license that has been renewed for the current period and authorizes the licensee to practice nursing in this State. (3) "Additional acts" means activities performed by a nurse that expand the scope of practice, as established in law. The following must be submitted in writing to the board for approval before a nurse implements additional acts: (a) additional activity being requested; (b) statement with rationale as to how the activity will improve client outcomes; (c) documentation based on the literature review to support the nurse's performing the additional activity; (d) qualification requirements, including educational background and experience needed; (e) special training required, including theory and clinical practice. A nurse must successfully complete a course of 'special education and training' acceptable to the board to perform additional acts; and (f) evaluation and follow-up procedures. Additional acts that constitute medical acts must be agreed to jointly by both the Board of Nursing and the Board of Medical Examiners. (4) "Administration of medications" means the acts of preparing and giving drugs in accordance with the orders of a licensed, authorized nurse practitioner, certified nurse-midwife, clinical nurse specialist, or a physician, dentist, or other authorized licensed provider as to drug, dosage, route, and frequency; observing, recording, and reporting desired effects, untoward reactions, and side effects of drug therapy; intervening when emergency care is required as a result of drug therapy; appropriately instructing the patient regarding the medication; recognizing accepted prescribing limits and reporting deviations to the prescribing nurse practitioner, certified nurse-midwife, or clinical nurse specialist, physician, dentist, or other authorized licensed provider. (5) "Advanced Practice Registered Nurse" or"APRN" means a registered nurse who is prepared for an advanced practice registered nursing role by virtue of additional knowledge and skills gained through an advanced formal education program of nursing in a specialty area that is approved by the board. The categories of APRN are nurse practitioner, certified nurse-midwife, clinical nurse specialist, and certified registered nurse anesthetist. An advanced practice registered nurse shall hold a doctorate, a post-nursing master's certificate, or a minimum of a master's degree that includes advanced education composed of didactic and supervised clinical practice in a specific area of advanced practice registered nursing. APRNs must achieve national certification within two years post-graduation. An APRN may perform those activities considered to be the practice of registered nursing or advanced practice consisting of nonmedical acts, such as population health management; quality improvement or research projects within a health care system; and analysis of data and corresponding system recommendations, revisions, developments, or informatics. An APRN also may perform specified medical acts pursuant to a practice agreement as defined in item (45). (6) "Agreed to jointly" means the agreement by the Board of Nursing and Board of Medical Examiners on medical acts that nurses perform and that must be defined in a practice agreement pursuant to item (45). (7) "Ancillary services" means services associated with the basic services provided to an individual in need of in-home care who needs one or more of the basic services and includes: (a) homemaker-type services, including shopping, laundry, cleaning, and seasonal chores; (b) companion-type services, including transportation, letter writing, reading mail, and escorting; and (c) assistance with cognitive tasks, including managing finances, planning activities, and making decisions. (8) "Approval" means the process by which the board evaluates nursing education programs, which must meet established uniform and reasonable standards. (9) "Approved written guidelines" means specific statements developed by a certified registered nurse anesthetist and a supervising licensed physician or dentist or by the medical staff within the facility where practice privileges have been granted. (10) "Attendant care services" means those basic and ancillary services that enable an individual in need of in-home care to live in the individual's home and community rather than in an institution and to carry out functions of daily living, self-care, and mobility. (11) "Authorized licensed provider" means a provider of health care services who is authorized to practice by a licensing board in this State where the scope of practice includes authority to order and prescribe drugs in treating patients. (12) "Basic services" includes: (a) getting in and out of a bed, wheelchair, motor vehicle, or other device; (b) assistance with routine bodily functions including health maintenance activities, bathing and personal hygiene, dressing and grooming, and feeding, including preparation and cleanup. (13) "Board" means the State Board of Nursing for South Carolina. (14) "Board-approved credentialing organization" means an organization that offers a certification examination in a specialty area of nursing practice, establishes scope and standards of practice statements, and provides a mechanism for evaluating continuing competency in a specialized area of nursing practice which has been approved by the board. (15) "Business days" means every day except Saturdays, Sundays, and legal holidays. (16) "Cancellation" means the withdrawal or invalidation of an authorization to practice that was issued to an ineligible person either in error or based upon a false, fraudulent, or deceptive representation in the application process. (17) "Certification" of a registered nurse means approval by an established body, other than the board, but recognized by the board, that recognizes the unique, minimal requirements of specialized areas of nursing practice. Certification requires completion of a recognized formal program of study and specialty board examination, if the specialty board exists, and certification of competence in nursing practice by the certifying agency. (18) "Certified Nurse-Midwife" or "CNM" means an advanced practice registered nurse who holds a master's degree in the specialty area, maintains an American Midwifery Certification Board certificate, and is trained to provide management of women's health care from adolescence beyond menopause, focusing on gynecologic and family planning services, preconception care, pregnancy, childbirth, postpartum, care of the normal newborn during the first twenty-eight days of life, and the notification and treatment of partners for sexually transmitted infections. (19) "Certified Registered Nurse Anesthetist" or "CRNA" means an advanced practice registered nurse who: (a) has successfully completed an advanced, organized formal CRNA education program at a minimum of the master's level accredited by the national accrediting organization of this specialty area and that is recognized by the board; (b) is certified by a board-approved national certifying organization; and (c) demonstrates advanced knowledge and skill in the delivery of anesthesia services. A CRNA must practice in accordance with approved written guidelines developed under supervision of a licensed physician or dentist or approved by the medical staff within the facility where practice privileges have been granted. (20) "Clinical Nurse Specialist" or "CNS" means an advanced practice registered nurse who is a clinician with a high degree of knowledge, skill, and competence in a practice discipline of nursing. This nurse shall hold a master's degree in nursing, with an emphasis in clinical nursing. These nurses are directly available to the public through the provision of nursing care to clients and indirectly available through guidance and planning of care with other nursing personnel. A CNS who performs medical acts is required to have physician support and to practice pursuant to a practice agreement as defined in item (45). A CNS who does not perform medical acts is not required to have physician support or to practice pursuant to a practice agreement as provided in Section 40-33-34. (21) "Competence" means the ability of a licensed nurse to perform safely, skillfully, and proficiently the functions within the role of the licensee. The role encompasses the possession and interrelation of essential knowledge, judgment, attitudes, values, skills, and abilities, which are varied and range in complexity. Competence is a dynamic concept, changing as the licensed nurse achieves a higher stage of development, responsibility, and accountability within the role. (22) "Delivering" means the act of handing over to a patient medications as ordered by an authorized licensed provider and prepared by an authorized licensed provider. (23) "Dentist" means a dentist licensed by the South Carolina Board of Dentistry. (24) "Entity" means a sole proprietorship, partnership, limited liability partnership, limited liability corporation, association, joint venture, cooperative, company, corporation, or other public or private legal entity authorized by law. (25) "Expanded role" of a registered nurse means a process of diffusion and implies multi-directional change. Expansion, as a process of role change, is undertaken to fill perceived needs in the health care system, and also to project new components or systems of health care. The authority base for practice from which the expanded role emanates is the body of knowledge that constitutes a nurse's preparation for practice. The expanded role of a registered nurse requires specialized knowledge, judgment, and skill, but does not require or permit medical diagnosis or medical prescription of therapeutic or corrective measures. The expanded role of a licensed practical nurse with special education and training includes performing delegated professional nursing activities, as authorized by the board under the direction and supervision of a registered nurse, but does not authorize violation of state law pertaining to medical or pharmacy practice. (26) "Graduate Registered Nurse Anesthetist" or "GRNA" means a new graduate of an advanced organized formal education program for nurse anesthetists accredited by the national accrediting organization who must achieve certification within one year of graduation of program completion. (27) "Graduate Registered Nurse-Midwife" or "GRNM" means a new graduate of an advanced organized formal education program for nurse-midwives accredited by the national accrediting organization. A GRNM is required to become certified within one year of graduation or program completion. (28) "Health maintenance activities" include, but are not limited to, catheter irrigation, administration of medications, enemas and suppositories, and wound care, if these activities could be performed by an individual if the individual were physically and mentally capable. (29) "Inactive license" means the official temporary retirement of a person's authorization to practice nursing upon the person's notice to the board that the person does not plan to practice nursing or the status of a license that does not currently authorize a licensee to practice nursing in this State. (30) "Incompetence" means the failure of a nurse to demonstrate and apply the knowledge, skill, and care that is ordinarily possessed and exercised by other nurses of the same licensure status and required by the generally accepted standards of the profession. Charges of incompetence may be based upon a single act of incompetence or upon a course of conduct or series of acts or omissions that extend over a period of time and that, taken as a whole, demonstrate incompetence. It is not necessary to show that actual harm resulted from the act or omission or series of acts or omissions if the conduct is such that harm could have resulted to the patient or to the public from the act or omission or series of acts or omissions. (31) "Individual in need of in-home care" means a functionally disabled individual in need of attendant care services because of impairment who requires assistance to complete functions of daily living, self-care, and mobility, including attendant care services. (32) "Lapsed license" means the termination of a person's authorization to practice nursing due to the person's failure to renew his or her nursing license within the renewal period. (33) "Letter of caution" means a written caution or warning about past or future conduct issued when it is determined that no misconduct has been committed or that only minor misconduct not warranting the imposition of a sanction has been committed. The issuance of a letter of caution is not a form of discipline and does not constitute a finding of misconduct unless the letter of caution specifically states that misconduct has been committed. The fact that a letter of caution has been issued must not be considered in a subsequent disciplinary proceeding against a person authorized to practice unless the caution or warning contained in the letter of caution is relevant to the misconduct alleged in the proceedings. (34) "License" means a current document issued by the board authorizing a person to practice as an advanced practice registered nurse, a registered nurse, or a licensed practical nurse. (35) "Licensed Practical Nurse" or "LPN" means a person to whom the board has issued an authorization to practice as a licensed practical nurse. (36) "Medical staff" means licensed physicians who are approved and credentialed to provide health care to patients in a hospital system or a facility that provides health care. (37) "Misconduct" means: (a) a violation of any of the provisions of this chapter or regulations promulgated by the board pursuant to this chapter; or (b) a violation of any of the principles of nursing ethics as adopted by the board or incompetence or unprofessional conduct. (38) "NCLEX" means the National Council Licensure Examination for Registered Nurses or Licensed Practical Nurses. (39) "Nurse" means a person licensed as an advanced practice registered nurse, registered nurse, or licensed practical nurse pursuant to this chapter. (40) "Nurse Practitioner" or "NP" means a registered nurse who has completed an advanced formal education program at the master's level or doctoral level acceptable to the board, and who demonstrates advanced knowledge and skill in assessment and management of physical and psychosocial health, illness status of persons, families, and groups. Nurse practitioners who perform medical acts must do so pursuant to a practice agreement as defined in item (45). (41) "Nursing diagnosis" means a clinical judgment about a person, family, or community that is derived through a nursing assessment and the standard nursing taxonomy. (42) "Orientation" means any introductory instruction into a new practice environment or employment situation where being a nurse is a requirement of employment or where the individual uses any title or abbreviation indicating that the individual is a nurse. Orientation is considered the practice of nursing in this State. (43) "Person" means a natural person, male or female. (44) "Physician" means a physician licensed by the South Carolina Board of Medical Examiners who possesses an active, unrestricted, permanent license to practice medicine in this State and who actively is practicing within the geographic boundaries of this State. (45) "Practice agreement" means a written agreement developed by an NP, CNM, or CNS and a physician or medical staff who agrees to work with and to support the NP, CNM, or CNS. The practice agreement must establish the medical aspects of care to be provided by the NP, CNM, or CNS, including the prescribing of medications. The practice agreement must contain mechanisms that allow the physician to ensure that quality of clinical care and patient safety is maintained in accordance with state and federal laws, as well as all applicable Board of Nursing and Board of Medical Examiners rules and regulations. The practice agreement must comply with Section 40-33-34. A CNM also may practice pursuant to written policies and procedures for practice developed and agreed to with a physician who is board certified or board eligible by the American College of Obstetricians and Gynecologists. Written policies and procedures constitute a practice agreement for purposes of compliance with Section 40-33-34 and must address medical aspects of care including prescriptive authority and must contain transfer policies and details of the on-call agreement with the physician with whom the policies and procedures were developed and agreed. The on-call physician has the authority to designate another qualified physician to be the on-call physician if necessary. The on-call physician must be available to the CNM to provide medical assistance in person, by telecommunications, or by other electronic means. (46) "Practice of nursing" means the provision of services for compensation, except as provided in this chapter, that assists persons and groups to obtain or promote optimal health. Nursing practice requires the use of nursing judgment. Nursing judgment is the logical and systematic cognitive process of identifying pertinent information and evaluating data in the clinical context in order to produce informed decisions, which guide nursing actions. Nursing practice is provided by advanced practice registered nurses, registered nurses, and licensed practical nurses. The scope of nursing practice varies and is commensurate with the educational preparation and demonstrated competencies of the person who is accountable to the public for the quality of nursing care. Nursing practice occurs in the state in which the recipient of nursing services is located at the time nursing services are provided. (47) "Practice of practical nursing" means the performance of health care acts that require knowledge, judgment, and skill and must be performed under the supervision of an advanced practice registered nurse, registered nurse, licensed physician, licensed dentist, or other practitioner authorized by law to supervise LPN practice. The practice of practical nursing includes, but is not limited to: (a) collecting health care data to assist in planning care of persons; (b) administering and delivering medications and treatments as prescribed by an authorized licensed provider; (c) implementing nursing interventions and tasks; (d) providing basic teaching for health promotion and maintenance; (e) assisting in the evaluation of responses to interventions; (f) providing for the maintenance of safe and effective nursing care rendered directly or indirectly; (g) participating with other health care providers in the planning and delivering of health care; (h) delegating nursing tasks to qualified others; (i) performing additional acts that require special education and training and that are approved by the board including, but not limited to, intravenous therapy and other specific nursing acts and functioning as a charge nurse. (48) "Practice of registered nursing" means the performance of health care acts in the nursing process that involve assessment, analysis, intervention, and evaluation. This practice requires specialized independent judgment and skill and is based on knowledge and application of the principles of biophysical and social sciences. The practice of registered nursing includes, but is not limited to: (a) assessing the health status of persons and groups; (b) analyzing the health status of persons and groups; (c) establishing outcomes to meet identified health care needs of persons and groups; (d) prescribing nursing interventions to achieve outcomes; (e) implementing nursing interventions to achieve outcomes; (f) administering and delivering medications and treatments prescribed by an authorized licensed provider; (g) delegating nursing interventions to qualified others; (h) providing for the maintenance of safe and effective nursing care rendered directly or indirectly; (i) providing counseling and teaching for the promotion and maintenance of health; (j) evaluating and revising responses to interventions, as appropriate; (k) teaching and evaluating the practice of nursing; (l) managing and supervising the practice of nursing; (m) collaborating with other health care professionals in the management of health care; (n) participating in or conducting research, or both, to enhance the body of nursing knowledge; (o) consulting to improve the practice of nursing; and (p) performing additional acts that require special education and training and that are approved by the board. (49) "Private reprimand" means a statement by the board that a violation was committed by a person authorized to practice which has been declared confidential and which is not subject to disclosure as a public document. (50) "Probation" means the issuance of an authorization to practice with terms and conditions imposed by the board. The holder of the authorization to practice on probation may petition the board for reinstatement to full, unrestricted practice upon compliance with all terms and conditions imposed by the board. (51) "Public reprimand" means a publicly available statement of the board that a violation was committed by a person authorized to practice. (52) "Readily available" means the physician or medical staff who enters into a practice agreement with an NP, CNM, or CNS must be able to be contacted either in person or by telecommunications or other electronic means to provide consultation and advice to the NP, CNM, or CNS performing medical acts. (53) "Registered Nurse" means a person to whom the board has issued an authorization to practice as a registered nurse. (54) "Restriction" means a limitation on the activities in which a licensee may engage under an authorization to practice, including revocation, suspension, or probation. (55) "Revocation" means the cancellation or withdrawal of a license or other authorization issued by the board either permanently or for a period specified by the board before the person is eligible to reapply. A person whose license or other authorization has been permanently revoked by the board is permanently ineligible for a license or other authorization of any kind from the board. (56) "Special education and training" means an organized advanced course of study acceptable to the board, required to expand a nurse's scope of practice. This educational training must be completed after graduation from one's basic nursing education program and includes both theory and clinical practice. (57) "Supervision" means the process of critically observing, directing, and evaluating another's performance. (58) "Suspension" means the temporary withdrawal of authorization to practice for either a definite or indefinite period of time ordered by the board. The holder of a suspended authorization to practice may petition the board for reinstatement to practice upon compliance with all terms and conditions imposed by the board. (59) "State or jurisdiction in this country" means a state of the United States or the District of Columbia and does not include a territory or dependency of the United States. (60) "Temporary permit" means a current time-limited document that authorizes the practice of nursing at the level for which one is seeking licensure. (61) "Underserved or rural area" means an area determined by a federal or state agency authorized to determine such a designation. (62) "Underserved population" means a population residing in a rural or urban area, which includes, but is not limited to: (a) persons receiving Medicaid, Medicare, Department of Health and Environmental Health care, or free clinic care; (b) those residing in long-term care settings or receiving care from a licensed hospice; (c) those in institutions including, but not limited to, incarceration institutions and mental health institutions; and (d) persons including, but not limited to, the homeless, HIV patients, children, women, the economically disadvantaged, the uninsured, the underinsured, the developmentally disabled, the medically fragile, the mentally ill, migrants, military persons and their dependents, and veterans and their dependents. (63) "Unlicensed assistive personnel" or "UAP" are persons not currently licensed by the board as nurses, or persons who are not certified medical assistants as defined in Section 40-33-20(67), who perform routine nursing tasks that do not require a specialized knowledge base or the judgment and skill of a licensed nurse. Nursing tasks performed by a UAP must be performed under the supervision of a physician, physician assistant, advanced practice registered nurse, registered nurse, or selected licensed practical nurse. Unlicensed assistive personnel must not administer medications except as otherwise provided by law. (64) "Unprofessional conduct" means acts or behavior that fail to meet the minimally acceptable standard expected of similarly situated professionals including, but not limited to, conduct that may be harmful to the health, safety, and welfare of the public, conduct that may reflect negatively on one's fitness to practice nursing, or conduct that may violate any provision of the code of ethics adopted by the board or a specialty. (65) "Voluntary surrender" means the invalidation of a nursing license at the time of its surrender and thereafter. A person whose license is voluntarily surrendered may not practice nursing or represent oneself to be a nurse until the board takes action. (66) "Volunteer license" means authorization of a retired nurse to provide nursing services to others through an identified charitable organization without remuneration. (67) "Certified medical assistant" or "CMA" means a person who is a graduate of a post-secondary medical assisting education program accredited by the National Healthcareer Association, or its successor; by the Commission on Accreditation of Allied Health Education Programs, or its successor; by the Accrediting Bureau of Health Education Schools, or its successor; or by any accrediting agency recognized by the United States Department of Education. The accredited post-secondary medical assisting education program must include courses in anatomy and physiology, medical terminology, pharmacology, medical laboratory techniques, and clinical experience. A certified medical assistant must maintain current certification from the certifying board of the American Association of Medical Assistants, the National Center for Competency Testing, the National Certification Medical Association, American Medical Technologists, or any other recognized certifying body approved by the Board of Medical Examiners. Editor's Note Prior Laws:1935 (39) 173; 1942 Code SECTION 5223; 1947 (45) 579; 1952 Code SECTION 56-951; 1959 (51) 307; 1962 Code SECTION 56-951; 1969 (56) 263; 1975 (59) 563; 1987 Act No. 114, SECTION 1; 1989 Act No. 137, SECTION 1; 2002 Act No. 337, SECTION 2A; 1976 Code SECTION 40-33-10. 2020 Act No. 139, SECTION 1, provides as follows: "SECTION 1. This act must be known and may be cited as the 'Armed Services Members and Spouses Professional and Occupational Licensing Act'." 2022 Act No. 171, SECTION 1.B, provides as follows: "[SECTION 1.]B. CMAs include medical assistants who are currently employed in that capacity as of the effective date of this act who do not have the certification required by this SECTION but who achieve such certification no later than two years after the effective date of this act." Effect of Amendment 2018 Act No. 234, SECTION 1, in (3), in the undesignated paragraph following (f), deleted "delegated" following "constitute" and "and must be promulgated by the Board of Nursing in regulation" following "Board of Medical Examiners"; rewrote (5), relating to the definition of "Advanced Practice Registered Nurse"; in (6), substituted "medical acts that nurses perform and that must be defined in a practice agreement pursuant to item (45)" for "delegated medical acts which nurses perform and which are promulgated by the Board of Nursing in regulation"; deleted (10), which related to the definition of "Approved written protocols", and redesignated (11) to (22) as (10) to (21); rewrote (18), relating to the definition of "Certified Nurse-Midwife"; in (20), in the fourth sentence, deleted "delegated" following "who performs" and substituted "pursuant to a practice agreement as defined in item (45)" for "within approved written protocols", and in the fifth sentence, substituted "pursuant to a practice agreement" for "within approved written protocols"; deleted former (23), which related to the definition of "Delegated medical acts", and redesignated (24) to (37) as (22) to (35); in (27), in the second sentence, substituted "GRNM" for "GRNA"; inserted (36), relating to the definition of "Medical staff", and redesignated (38) to (45) as (37) to (44); in (37), inserted the (a) and (b) designators; in (40), in the first sentence, inserted "or doctoral level" following "master's level", and in the second sentence, substituted "medical acts must do so pursuant to a practice agreement as defined in item (45)" for "delegated medical acts must have a supervising physician or dentist who is readily available for consultation and shall operate within the approved written protocols"; in (44), inserted "who possesses an active, unrestricted, permanent license to practice medicine in this State and who actively is practicing within the geographic boundaries of this State" at the end; inserted (45), relating to the definition of "Practice agreement"; rewrote (52), relating to the definition of "Readily available"; inserted (61), relating to the definition of "Underserved or rural area", and (62), relating to the definition of "Underserved population", and redesignated (61) to (64) as (63) to (66); and made nonsubstantive changes. 2020 Act No. 139, SECTION 5, in (19)(a), inserted "a minimum of" following "CRNA education program at". 2022 Act No. 171, SECTION 1.A, added (67). 2022 Act No. 171, SECTION 2, in (63), in the first sentence, inserted ", or persons who are not certified medical assistants as defined in Section 40-33-20(67),", in the second sentence, substituted "a physician, physician assistant, advanced practice registered nurse" for "an advance practice registered nurse", and added the third sentence.