S.C. Code Ann. § 44-49-370 — SC Code / Title 44 / Chapter 49 / Article 2 / Section 44-49-370
SECTION 44-49-370. Misrepresenting recovery housing as certified; penalties.
Status: in_force

It is unlawful for an owner or operator of recovery housing that is not certified pursuant to this article to advertise or otherwise represent that such recovery housing is certified pursuant to this article. An owner or operator of recovery housing who violates this section is subject to a civil penalty of not less than one hundred dollars nor more than five hundred dollars per occurrence.
S.C. Code Ann. § 44-7-1090 — SC Code / Title 44 / Chapter 7 / Article 7 / Section 44-7-1090
SECTION 44-7-1090. Petition for agreement with adjoining district.
Status: in_force

If the residents of any such school district, or portion thereof outside the city limits, desire to enter into such an agreement with the trustees of the hospital, they may petition the county legislative delegation of the county in which the district is located, setting forth the millage to be levied upon the property in the district and requesting the levy of such millage, such petition to be signed by a majority of the freeholders and also a majority of the qualified electors therein and to bear the approval of the board of trustees of the hospital.
S.C. Code Ann. § 44-7-3130 — SC Code / Title 44 / Chapter 7 / Article 25 / Section 44-7-3130
SECTION 44-7-3130. Nature of University Medical Associates (UMA).
Status: in_force

Notwithstanding any other provision of law to the contrary, University Medical Associates (UMA) is a public body as defined by Chapter 4, Title 30 (the Freedom of Information Act) for purposes of the act and the provisions of the act apply to records maintained by UMA.
S.C. Code Ann. § 44-96-470 — SC Code / Title 44 / Chapter 96 / Article 2 / Section 44-96-470
SECTION 44-96-470. Facility issues negotiation process.
Status: in_force

(A) Upon the submission of a permit application to the department for a municipal solid waste disposal facility, the permit applicant shall within fifteen days of the date of submission of the application publicize the submission by public notice and in writing as follows: (1) If the application is for a facility serving no more than one county, the public notice must be published in a newspaper of general circulation serving the host county, and each local government in the county shall be notified further in writing of the permit application. (2) If the application is for a facility serving more than one county, the public notice must be published in a newspaper of general circulation serving each affected county, and each local government within such counties shall be notified in writing of the permit application. For the purpose of this item, "affected county" includes the host county, each county under contract with the proposed facility, and all counties contiguous to the host county. (3) The public notice must be prominently displayed in the courthouse of each notified county. and (4) The initial public notice and all other public notices required under this section, at a minimum, shall contain: (a) the name and address of the applicant; (b) the nature of the proposed facility; (c) a description of the proposed site; (d) a locational map showing the proposed site; and (e) such other information as is necessary to fully inform the public to be determined by regulations to be promulgated by the department. (B) The department shall review the application and supporting data and make a determination whether the permit application is administratively complete. The department shall notify, in writing, the applicant, the host local government, if different from the applicant, and any other person who has made a written request for notification to the department of this determination. (C) Upon receipt from the department of notice that the permit application is administratively complete, the host local government for the proposed site, within forty-five days of receipt of such notification from the department, as outlined in items (1), (2), (3), and (4) of subsection (A), shall advertise and hold a public meeting to inform affected residents and landowners in the area of the proposed site and of the opportunity to engage in a facility issues negotiation process. (D) Following notification that the permit application is administratively complete, the department shall continue to review the applicant's permit application, but the department shall not take any action with respect to permit issuance or denial until such time as the local notification and negotiation processes described in this section have been exhausted. (E) The department shall not be a party to the negotiation process described in this section, nor shall technical environmental issues which are required by law and by regulation to be addressed in the permitting process be considered negotiable items by parties to the negotiation process. (F) Within thirty days following a public meeting held in accordance with subsection (C), a facility issues negotiation process shall be initiated by the host local government upon receipt of a written petition by at least twenty-five affected persons, at least twenty of whom shall be registered voters of or landowners in the host jurisdiction. Multiple petitions may be consolidated into a single negotiating process. For the purposes of this subsection, the term "affected person" means a registered voter of the host local government or of a county contiguous to such host local government or a landowner within the jurisdiction of the host local government. To be valid, signatures shall be accompanied by the following information: (1) for a registered voter: home address and voter registration number; and (2) for a landowner: home or business address and the county in which the property lies, together with its tax map number. (G) Within fifteen days following receipt of such written petition, the host local government shall validate the petition to ensure that the petitioners meet the requirements of this section. (H) Within fifteen days following the validation of the written petition, the host local government shall: (1) set a date, time, and location for a petitioner's meeting to choose a citizens' facility issues committee and a date, time, and location for a meeting with the citizens' facility issues committee, the host local government, and the permit applicant not later than thirty days following validation of such written petition to negotiate; (2) notify the petitioners by publication as provided in items (1), (2), (3), and (4) of subsection (A) that the facility issues negotiation process is being initiated and the date, time, and location of the first negotiation meeting; and (3) notify the permit applicant, if different from the host local government, and the department that the facility issues negotiation process is being initiated and the date, time, and location of the first negotiation meeting. (I) The host local government shall organize the petitioners meeting. The majority of the petitioning persons in attendance shall select up to ten members, at least eighty percent of whom shall be registered voters or landowners in the host local government, to serve on a citizens" facility issues committee to represent the petitioning persons in the negotiation process. The membership of the citizens" facility issues committee shall be chosen within fifteen days following the validation of such written petition pursuant to this section. (J) The negotiation process shall be overseen by a facilitator named by the host local government, after consultation with the citizens" facility issues committee, from a list provided by the department. The function of the facilitator shall be to assist the petitioners, the host local government, and the permit applicant, if different from the host local government, through the negotiation process. The cost, if any, of the facilitator shall be borne by the permit applicant. (K) Beginning with the date of the first negotiation meeting called in accordance with subsection (H), there shall be no fewer than three negotiation meetings within forty-five days unless waived by consent of the applicant and a majority of the facility issues committee. Such negotiation meetings shall be presided over by the facilitator named in subsection (J) and shall be for the purpose of assisting the petitioners, the host local government, and the permit applicant, if different from the host local government, to engage in nonbinding negotiation. (L) Minutes of each meeting and a record of the negotiation process shall be kept by the host local government. (M) All issues except those which apply to environmental permit conditions are negotiable. Environmental permit conditions are not negotiable. Issues which may be negotiated include, but are not limited to: (1) operational issues, such as hours of operation; (2) recycling efforts that may be implemented; (3) protection of property values; (4) traffic routing and road maintenance; and (5) establishment of local advisory committees. (N) At the end of the forty-five-day period following the first negotiation meeting, the facilitator shall publish a notice of the results, if any, of the negotiation process in the same manner as provided in items (1), (2), (3), and (4) of subsection (A) and shall include the date, time, and place as determined by the facilitator of a public meeting, to be held within ten days after publication, with the permit applicant, host local government, and facility issues committee, at which the input of persons not represented by the citizens" facility issues committee may be received. (O) The negotiated concessions reached by agreement of all the negotiating parties shall be reduced to writing and executed by the chairman of the citizens' facility issues committee and the chief elected official of the host local government and must be certified by resolution of the host local government. (P) If the negotiating parties fail to reach consensus on an issue, the permit applicant may proceed to seek a permit from the department. The facilitator shall notify the department in writing that the negotiating parties have failed to reach consensus and the nature of the disputed issues. (Q) If the negotiating parties reach consensus on negotiated issues, the permit applicant may proceed to seek a permit from the department. The facilitator shall notify the department in writing that the negotiating parties have reached consensus. (R) Negotiated concessions shall not be construed as environmental permit conditions. However, they may be enforced by any negotiating party in a civil proceeding. (S) Upon receipt of a written notification from the facilitator that the parties to negotiation have reached consensus or have failed to reach consensus on negotiated issues, and upon written notification from the permit applicant that he wishes to pursue permitting of the solid waste disposal facility for which an application has been filed, the department shall proceed to process the permit.
S.C. Code Ann. § 44-43-360 — SC Code / Title 44 / Chapter 43 / Article 5 / Section 44-43-360
SECTION 44-43-360. Delivery of document of gift upon or after individual's death; examination and copying.
Status: in_force

(A) A document of gift need not be delivered during the donor's lifetime to be effective. (B) Upon or after an individual's death, a person in possession of a document of gift or a refusal to make an anatomical gift with respect to the individual shall allow examination and copying of the document of gift or refusal by a person authorized to make or object to the making of an anatomical gift with respect to the individual or by a person to which the gift could pass under Section 44-43-350.
S.C. Code Ann. § 44-53-40 — SC Code / Title 44 / Chapter 53 / Article 1 / Section 44-53-40
SECTION 44-53-40. Obtaining certain drugs, devices, preparations, or compounds by fraud or deceit.
Status: in_force

(A) It is unlawful for a person to obtain or attempt to obtain a drug or device as defined by Section 39-23-20, or any pharmaceutical preparation, chemical, or chemical compound that is restricted in regard to its sale at retail by: (1) fraud, deceit, misrepresentation, or subterfuge; (2) forgery or alteration of a prescription; (3) falsification in any manner of any record of sale required by law; (4) use of a false name or the giving of a false address; (5) concealment of a material fact; or (6) falsely assuming the title of or representing himself to be a person authorized by the laws of this State to possess such drugs, pharmaceutical preparations, chemicals, chemical compound, or devices. (B) A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than two years, or both for a first offense. Conviction for a second or subsequent offense, is a felony and the person must be fined not more than two thousand dollars or imprisoned not more than five years, or both. A person must not be convicted of a criminal offense under this section unless it is shown by clear and convincing evidence that the drug, pharmaceutical preparation, chemical, chemical compound, or device would not have been obtained but for the fraud, deceit, misrepresentation, subterfuge, forgery, alteration, falsification, concealment, or other prohibited act allegedly practiced by the accused.
S.C. Code Ann. § 44-7-1830 — SC Code / Title 44 / Chapter 7 / Article 13 / Section 44-7-1830
SECTION 44-7-1830. Terms of office of members of board.
Status: in_force

The term of office of the members of the board shall be six years. The initial terms however shall be adjusted in the following manner: At the first meeting of the board, the initial terms of the eighteen representatives from the six counties shall be determined by lot with six of the members to serve a term of six years, six of the members to serve a term of four years, and six of the members to serve a term of two years. The Secretary of State shall be notified as to the terms established by lot. The term of each member shall expire on the January first nearest to the end of the term of years for which he is appointed or as otherwise provided in the foregoing provisions; provided, that each member shall serve until his successor is appointed and qualified.
S.C. Code Ann. § 44-96-220 — SC Code / Title 44 / Chapter 96 / Article 1 / Section 44-96-220
SECTION 44-96-220. Uniform Department of Revenue collection and enforcement methods apply.
Status: in_force

The provisions of Chapter 54 of Title 12 apply to the administration, collection, and enforcement of the fees imposed by this chapter as administered by the Department of Revenue.
S.C. Code Ann. § 44-77-110 — SC Code / Title 44 / Chapter 77 / Section 44-77-110
SECTION 44-77-110. Execution and consummation of declaration as not constituting suicide.
Status: in_force

The execution and consummation of declarations made in accordance with Sections 44-77-40 and 44-77-50 do not constitute suicide for any purpose.
S.C. Code Ann. § 44-61-65 — SC Code / Title 44 / Chapter 61 / Article 1 / Section 44-61-65
SECTION 44-61-65. First responder licensing requirements.
Status: in_force

Organizations applying for emergency medical responder licensure must comply with equipment, training, and certification standards and other requirements promulgated by the department in regulation.
S.C. Code Ann. § 44-43-345 — SC Code / Title 44 / Chapter 43 / Article 5 / Section 44-43-345
SECTION 44-43-345. Gift of decedent's body or part; documentation; revocation.
Status: in_force

(A) A person authorized to make an anatomical gift under Section 44-43-340 may make an anatomical gift by a document of gift signed by the person making the gift or by that person's oral communication that is electronically recorded or is contemporaneously reduced to a record and signed by the individual receiving the oral communication. (B) Subject to subsection (C), an anatomical gift by a person authorized under Section 44-43-340 may be amended or revoked orally or in a record by any member of a prior class who is reasonably available. If more than one member of the prior class is reasonably available, the gift made by a person authorized under Section 44-43-340 may be: (1) amended only if a majority of the reasonably available members agree to the amending of the gift; or (2) revoked only if a majority of the reasonably available members agree to the revoking of the gift or if they are equally divided as to whether to revoke the gift. (C) A revocation under subsection (B) is effective only if, before an incision has been made to remove a part from the donor's body or before invasive procedures have begun to prepare the recipient, the procurement organization, transplant hospital, physician, or technician knows of the revocation.
S.C. Code Ann. § 44-63-161 — SC Code / Title 44 / Chapter 63 / Section 44-63-161
SECTION 44-63-161. Unlawful acts; penalties.
Status: in_force

(A) It is unlawful for a person: (1) other than the Department of Health and Environmental Control and county health departments to issue copies or certified copies of birth and death certificates or a document purporting to be a birth or death certificate; (2) to wilfully make a false statement in a certificate, record, or report required to be filed by this chapter or a regulation, or in an application for an amendment to or for a certified copy of the certificate, record, or report, or to wilfully supply false information intending that the information be used in the preparation or amendment of the certificate, record, or report; (3) without lawful authority to wilfully make, sell, counterfeit, alter, amend, or mutilate a certificate, record, or report required to be filed by this chapter or a regulation or a certified copy of the certificate, record, or report; (4) to wilfully obtain, possess, use, sell, furnish to another, or attempt to obtain, possess, use, sell, or furnish to another, for the purpose of deception, a certificate, record, report required to be filed by this chapter or a regulation, or a certified copy of these, including a certificate, record, or report or certified copy that has been counterfeited, altered, amended, or mutilated or a document purporting to be the certificate, record, or report; (5) to wilfully violate a regulation or an order of the department relative to recording, reporting, or filing information for the Bureau of Vital Records. (B) A person who violates a provision of item (1), (2), (3), or (4) of subsection (A) is guilty of a felony and, upon conviction, must be fined not more than ten thousand dollars or imprisoned not more than five years, or both. (C) A person who violates a provision of item (5) of subsection (A) is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than one year, or both.
S.C. Code Ann. § 44-11-40 — SC Code / Title 44 / Chapter 11 / Section 44-11-40
SECTION 44-11-40. "South Carolina veterans" defined.
Status: in_force

For the purpose of Section 44-11-30 "South Carolina veterans" means any ex-service South Carolina citizen who was discharged under other than dishonorable conditions and who served in any branch of the military or naval service of the United States.
S.C. Code Ann. § 44-53-540 — SC Code / Title 44 / Chapter 53 / Article 3 / Section 44-53-540
SECTION 44-53-540. Burden of proof.
Status: in_force

(a) It shall not be necessary for the State to negate any exemption or exception set forth in this article in any complaint, information, indictment or other pleading or in any trial, hearing, or other proceeding under this article, and the burden of proof of any such exemption or exception shall be upon the person claiming its benefit. (b) In the absence of proof that a person is the duly authorized holder of an appropriate registration or order form issued under this article, he shall be presumed not to be the holder of such registration or form, and the burden of proof shall be upon him to rebut such presumption.
S.C. Code Ann. § 44-55-60 — SC Code / Title 44 / Chapter 55 / Article 1 / Section 44-55-60
SECTION 44-55-60. Commissioner to issue emergency order where imminent hazard to public health considered to exist.
Status: in_force

(A) An imminent hazard is considered to exist when in the judgment of the commissioner there is a condition which may result in a serious immediate risk to public health in a public water system. (B) In order to eliminate an imminent hazard, the commissioner may, without notice or hearing, issue an emergency order requiring the water system to immediately take such action as is required under the circumstances to protect the public health. A copy of the emergency order must be served by certified mail or other appropriate means. An emergency order issued by the commissioner must be effected immediately and binding until the order is reviewed and modified by the board or modified or rescinded by a court of competent jurisdiction.
S.C. Code Ann. § 44-7-2080 — SC Code / Title 44 / Chapter 7 / Article 15 / Section 44-7-2080
SECTION 44-7-2080. Disposition and expenditure of revenues.
Status: in_force

All revenues derived by the district from the operation of any revenue-producing facility other than revenues which may be required to discharge covenants made by it in issuing bonds, notes, or other obligations as authorized herein shall be held, disposed of, or expended by the board for purposes germane to the functions and purposes of the district. Any expenditure permitted by the provisions of this act pursuant to Section 44-7-2157 to be made by or on behalf of a district is considered an expenditure of operating and maintaining public hospitals and public facilities for a public purpose and no expenditure permitted by this act or any other provisions of law may be considered to be a lending of credit or a granting of public money or a thing of value or an aid of any individual, association, or corporation within the meaning of any constitution or statutory provision.
S.C. Code Ann. § 44-61-840 — SC Code / Title 44 / Chapter 61 / Article 7 / Section 44-61-840
SECTION 44-61-840. Date of implementation; associated rules; 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 tenth-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. (B) Any state that joins the compact subsequent to the Commission's initial adoption of the rules shall be subject to the rules 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)(1) Any member state may withdraw from this compact by: (a) enacting a statute repealing the same; or (b) by action of the Governor. (2) A member state's withdrawal shall not take effect until six months after enactment of the repealing statute or withdrawal by the Governor. (3) Withdrawal shall not affect the continuing requirement of the withdrawing state's EMS authority to comply with the investigative and adverse-action reporting requirements of this act prior to the effective date of withdrawal. (D) Nothing contained in this compact shall be construed to invalidate or prevent any EMS personnel licensure agreement or other cooperative arrangement between a member state and a nonmember state that does not conflict with the provisions of this compact. (E) 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.
S.C. Code Ann. § 44-93-160 — SC Code / Title 44 / Chapter 93 / Section 44-93-160
SECTION 44-93-160. Fees on commercial treatment of infectious waste; reports; penalties.
Status: in_force

(A) There is a fee on the treatment of infectious waste in this State equal to thirty dollars a ton for the first one thousand five hundred tons in a month and eight dollars a ton in excess of one thousand five hundred tons a month on the pretreatment weight of infectious waste to be imposed upon facilities required to be permitted pursuant to this chapter. (B) The owner or operator of a facility required to be permitted pursuant to this chapter treating infectious waste shall submit, not later than the tenth day of each month, to the Department of Health and Environmental Control: (1) a report detailing the total weight of infectious waste received for treatment during the preceding month and its point of origin; (2) a check made payable to the department for the fee due for the preceding month; (3) in case of failure to file a return on or before the date prescribed by law or failure to pay a fee on or before the date prescribed by law, there must be added a penalty of twenty-five percent of the amount of fee due. The department may revoke a permit to operate for failure to pay any fees, penalties, or interest required by law. Upon payment the department may reinstate the permit to an operator of a permitted treatment facility treating infectious waste in this State. The penalty provided by this item may be reduced or waived by the department for reasonable cause. (C) A person treating infectious waste who fails to remit the fee or penalty as provided by law must be charged interest at the rate of one percent a month. Interest must be calculated on the full amount of the fee or portion of it, exclusive of penalties, from the time the fee or penalty was due and paid in its entirety.
S.C. Code Ann. § 44-52-165 — SC Code / Title 44 / Chapter 52 / Section 44-52-165
SECTION 44-52-165. Patients receiving alcohol and drug addiction services prohibited from possessing alcohol, firearms, weapons, or drugs; penalties; unlawful to allow.
Status: in_force

(A) It is unlawful for a patient receiving inpatient services in a program under the jurisdiction of the division in a treatment facility operated by the Office of Mental Health to possess alcoholic beverages, firearms, dangerous weapons, or controlled substances as defined by Section 44-53-110. A patient who violates the provisions of this section while in a treatment facility is guilty, in the case of: (1) alcoholic beverages, of a misdemeanor and, upon conviction, must be fined not less than one hundred nor more than two hundred dollars or imprisoned for not more than thirty days; (2) controlled substances, of a misdemeanor and, upon conviction, must be punished in accordance with Section 44-53-370; (3) firearms or dangerous weapons, of a felony and, upon conviction, must be fined not less than one thousand nor more than ten thousand dollars or imprisoned for not less than one year nor more than ten years, or both. (B) A person who intentionally or negligently allows a patient, as defined in subsection (A), access to or possession of items in violation of that subsection or who attempts to furnish: (1) alcoholic beverages or controlled substances, is guilty of a felony and, upon conviction, must be fined not less than one hundred nor more than ten thousand dollars or imprisoned not more than ten years, or both; (2) firearms or dangerous weapons, is guilty of a felony and, upon conviction, must be fined not less than one thousand nor more than ten thousand dollars or imprisoned not less than one nor more than ten years, or both. Code Commissioner's Note At the direction of the Code Commissioner, certain references in the S.C. Code to the State Department of Mental Health, South Carolina Mental Health Commission, Department of Disabilities and Special Needs, Department of Disabilities and Special Needs Commission, Department of Alcohol and Other Drug Abuse Services, and other related terms were changed to reflect the restructuring of these agencies into component offices under the Department of Behavioral Health and Developmental Disabilities, pursuant to 2025 Act No. 3, SECTION 18.
S.C. Code Ann. § 44-61-720 — SC Code / Title 44 / Chapter 61 / Article 7 / Section 44-61-720
SECTION 44-61-720. Definitions.
Status: in_force

For purposes of this article: (1) "Advanced emergency medical technician" or "AEMT" means an individual licensed with cognitive knowledge and a scope of practice that corresponds to that level in the National EMS Education Standards and National EMS Scope of Practice Model. (2) "Adverse action" means any administrative, civil, equitable, or criminal action permitted by a state's laws which may be imposed against licensed EMS personnel by a state EMS authority or state court, including, but not limited to, actions against an individual's license such as revocation, suspension, probation, consent agreement, monitoring, or other limitation or encumbrance on the individual's practice, letters of reprimand or admonition, fines, criminal convictions, and state court judgments enforcing adverse actions by the state EMS authority. (3) "Alternative program" means a voluntary, nondisciplinary substance abuse recovery program approved by a state EMS authority. (4) "Certification" means the successful verification of entry-level cognitive and psychomotor competency using a reliable, validated, and legally defensible examination. (5) "Commission" means the national administrative body of which all states that have enacted the compact are members. (6) "Emergency medical technician (EMT)" means an individual licensed with cognitive knowledge and a scope of practice that corresponds to that level in the National EMS Education Standards and National EMS Scope of Practice Model. (7) "Home state" means a member state where an individual is licensed to practice emergency medical services. (8) "License" means the authorization by a state for an individual to practice as an EMT, AEMT, paramedic, or a level in between EMT and paramedic. (9) "Medical director" means a physician licensed in a member state who is accountable for the care delivered by EMS personnel. (10) "Member state" means a state that has enacted this compact. (11) "Paramedic" means an individual licensed with cognitive knowledge and a scope of practice that corresponds to that level in the National EMS Education Standards and National EMS Scope of Practice Model. (12) "Privilege to practice" means an individual's authority to deliver emergency medical services in remote states as authorized under this compact. (13) "Remote state" means a member state in which an individual is not licensed. (14) "Restricted" means the outcome of an adverse action that limits a license or the privilege to practice. (15) "Rule" means a written statement by the interstate Commission promulgated pursuant to Section 44-61-820 that is of general applicability; implements, interprets, or prescribes a policy or provision of the compact; or is an organizational, procedural, or practice requirement of the Commission and has the force and effect of statutory law in a member state and includes the amendment, repeal, or suspension of an existing rule. (16) "Scope of practice" means defined parameters of various duties or services that may be provided by an individual with specific credentials. Whether regulated by rule, statute, or court decision, scope of practice tends to represent the limits of services an individual may perform. (17) "Significant investigatory information" means: (a) investigative information that a state EMS authority, after a preliminary inquiry that includes notification and an opportunity to respond if required by state law, has reason to believe, if proved true, would result in the imposition of an adverse action on a license or privilege to practice; or (b) investigative information that indicates that the individual represents an immediate threat to public health and safety regardless of whether the individual has been notified and had an opportunity to respond. (18) "State" means any state, commonwealth, district, or territory of the United States. (19) "State EMS Authority" means the board, office, or other agency with the legislative mandate to license EMS personnel.
S.C. Code Ann. § 44-96-50 — SC Code / Title 44 / Chapter 96 / Article 1 / Section 44-96-50
SECTION 44-96-50. State solid waste management policy and goals.
Status: in_force

(A) It is the policy of this State to promote appropriate methods of solid waste management prior to utilizing the options of disposal in landfills, treatment or disposal by incineration or other treatment, storage, or disposal methods, and to assist local government with solid waste management functions. In furtherance of this state policy, it shall be preferable to reduce the production and generation of waste at the source and to promote the reuse and recycling of materials rather than the treatment, storage, or disposal of wastes by landfill disposal, incineration, or other management methods designed to handle waste after it enters the waste stream. It is the policy of this State that the methods of management of solid waste shall protect public health, safety, and the environment by employing the best available technology which is economically feasible for the control of pollution and the release of hazardous constituents into the environment. Such methods shall be implemented in a manner to maximize the reduction of solid waste through source reduction, reuse, and recycling. (B) It is the policy of this State to encourage research by private entities, by state agencies, and by state-supported educational institutions into the reduction of solid waste production and generation. (C) It is the policy of this State to encourage a regional approach to solid waste management. (D) It is the goal of this State to reduce, on a statewide per capita basis, the amount of municipal solid waste being generated to 3.5 pounds per day not later than June 30, 2005. (E) It is the goal of this State to recycle, on a statewide basis, at least thirty-five percent, calculated by weight, of the municipal solid waste stream generated in this State no later than June 30, 2005. (F) It is the goal of this State to continue setting new and revised solid waste recycling and waste reduction goals after June 30, 2005. These goals must be established in a manner so as to attempt to further reduce the flow of solid waste being disposed of in municipal solid waste landfills and solid waste incinerators. (G) It is the policy of this State that each county or region make every effort to meet, on an individual basis, the state solid waste recycling and reduction goals and that each county or region, and municipalities located therein, which meet this goal be financially rewarded by the State. (H) For the purposes of Sections 44-96-50 and 44-96-60, "municipal solid waste" includes, but is not limited to, wastes that are durable goods, nondurable goods, containers and packaging, food scraps, yard trimmings, and miscellaneous inorganic wastes from residential, commercial, institutional, and industrial sources including, but not limited to, appliances, automobile tires, old newspapers, clothing, disposable tableware, office and classroom paper, wood pallets, and cafeteria wastes. "Municipal solid waste" does not include solid wastes from other sources including, but not limited to, construction and demolition debris, auto bodies, municipal sludges, combustion ash, and industrial process wastes that also might be disposed of in municipal waste landfills or incinerators.
S.C. Code Ann. § 44-7-200 — SC Code / Title 44 / Chapter 7 / Article 3 / Section 44-7-200
SECTION 44-7-200. Application for Certificate of Need; notice; prohibited communications.
Status: in_force

(A) An application for a Certificate of Need must be submitted to the department in a form established by regulation. The application must address all applicable standards and requirements set forth in departmental regulations, Project Review Criteria of the department, and the South Carolina Health Plan. (B) Within twenty days before submission of an application, the applicant shall publish notification that an application is to be submitted to the department in a newspaper serving the area where the project is to be located for three consecutive days. The notification must contain a brief description of the scope and nature of the project. No application may be accepted for filing by the department unless accompanied by proof that publication has been made for three consecutive days within the prior twenty-day period and payment of the initial application fee has been received. (C) Upon publication of this notice and until a contested case hearing is requested pursuant to Section 44-1-60(G): (1) members of the board and persons appointed by the board to hold a final review conference on staff decisions may not communicate directly or indirectly with any person in connection with the application; and (2) no person shall communicate, or cause another to communicate, as to the merits of the application with members of the board and persons appointed by the board to hold a final review conference on staff decisions. A person who violates this subsection is subject to the penalties provided in Section 1-23-360. (D) After receipt of an application with proof of publication and payment of the initial application fee, the department shall publish in the State Register a notice that an application has been accepted for filing. Within fifteen days of acceptance of the application, the department may request additional information as may be necessary to complete the application. The applicant has fifteen days from the date of the request to submit the additional information. If the applicant fails to submit the requested information within the fifteen-day period, the application is considered withdrawn. (E) After a Certificate of Need application has been filed with the department, state and federal elected officials are prohibited from communicating with the department with regard to the Certificate of Need application at any time. This prohibition does not include written communication of support or opposition to an application. Such written communication must be included in the administrative record. Effect of Amendment 2023 Act No. 20, SECTION 12, in (D), in the second and third sentences, substituted "fifteen days" for "thirty days", and in the fourth sentence, substituted "fifteen-day period" for "thirty-day period".
S.C. Code Ann. § 44-96-440 — SC Code / Title 44 / Chapter 96 / Article 2 / Section 44-96-440
SECTION 44-96-440. Unlawful acts.
Status: in_force

(A) It shall be unlawful for any person to manage solid wastes in this State without reporting such activity to the department as required by regulation. (B) It shall be unlawful for any person to manage solid wastes in this State without complying with the standards and procedures set forth in such regulations. (C) It shall be unlawful for any person to fail to comply with this article and any regulations promulgated pursuant to this article, or to fail to comply with any permit issued under this article, or to fail to comply with any order issued by the board, commissioner, or department.
S.C. Code Ann. § 44-53-2030 — SC Code / Title 44 / Chapter 53 / Article 20 / Section 44-53-2030
SECTION 44-53-2030. Kratom products; labels.
Status: in_force

Every kratom product must be accompanied by a clear label that provides adequate information for safe and effective use by consumers including, but not limited to: (1) a list of the ingredients used in the manufacture of the product; (2) the amount of mitragynine and 7-hydroxymitragynine contained in the product; (3) the recommended serving size of the product; (4) the number of servings per container; (5) the name and the principal street address of the vendor or the person responsible for distributing the product; (6) any precautionary statements as to the safety and effectiveness of the product; (7) a statement that the product is not intended to diagnose, treat, cure, or prevent any medical condition or disease; and (8) a statement that the sale or transfer of the product to a person under twenty-one years of age is prohibited.
S.C. Code Ann. § 44-4-560 — SC Code / Title 44 / Chapter 4 / Article 5 / Section 44-4-560
SECTION 44-4-560. Access to protected health information; disclosure.
Status: in_force

(A) Access to protected health information of persons who have participated in medical testing, treatment, vaccination, isolation, or quarantine programs or efforts by DHEC during a public health emergency is limited to those persons having a legitimate need to: (1) provide treatment to the individual who is the subject of the health information; (2) conduct epidemiological research; or (3) investigate the causes of transmission. (B) Protected health information held by DHEC must not be disclosed to others without individual specific informed authorization except for disclosures made: (1) directly to the individual; (2) to the individual's immediate family members or life partners; (3) to appropriate state or federal agencies or authorities when necessary to protect public health; (4) to health care personnel where needed to protect the health or life of the individual who is the subject of the information; (5) pursuant to a court order or executive order of the Governor to avert a clear danger to an individual or the public health; or (6) to coroners, medical examiners, or funeral directors or others dealing with human remains to identify a deceased individual or determine the manner or cause of death.
S.C. Code Ann. § 44-23-1140 — SC Code / Title 44 / Chapter 23 / Article 11 / Section 44-23-1140
SECTION 44-23-1140. Lien for care and treatment; filing statement; limitation of action for enforcement.
Status: in_force

There is hereby created a general lien upon the real and personal property of any person who is receiving or who has received care or treatment in a State mental health facility, to the extent of the total expense to the State in providing the care, training or treatment. The Office of Mental Health shall send to the clerk of court or the register of deeds in those counties having such officer and the judge of probate of the county of the patient's or trainee's known or last known residence a statement showing the name of the patient or trainee and the date upon which the lien attaches, which shall be filed in the offices of the clerk of court or the register of deeds in those counties having such officer and the judge of probate in each county in which the patient or trainee then owns or thereafter acquires property, real or personal, and no charge shall be made for this filing. From the time of filing in either office, the statement shall constitute due notice of the lien against all property then owned or thereafter acquired by the patient or trainee. No action to enforce the lien may be brought more than one year after the patient's or trainee's death. This lien shall in no way affect the right of homestead. Code Commissioner's Note At the direction of the Code Commissioner, certain references in the S.C. Code to the State Department of Mental Health, South Carolina Mental Health Commission, Department of Disabilities and Special Needs, Department of Disabilities and Special Needs Commission, Department of Alcohol and Other Drug Abuse Services, and other related terms were changed to reflect the restructuring of these agencies into component offices under the Department of Behavioral Health and Developmental Disabilities, pursuant to 2025 Act No. 3, SECTION 18.
S.C. Code Ann. § 44-48-70 — SC Code / Title 44 / Chapter 48 / Section 44-48-70
SECTION 44-48-70. Petition for probable cause determination.
Status: in_force

When the prosecutor's review committee has determined that probable cause exists to support the allegation that the person is a sexually violent predator, the Attorney General must file a petition with the court in the jurisdiction where the person committed the offense and must notify the victim that the committee found that probable cause exists. The Attorney General must also notify the victim of the time, date, and location of the probable cause hearing before the court. The petition, which must be filed within thirty days of the probable cause determination by the prosecutor's review committee, must request that the court make a probable cause determination as to whether the person is a sexually violent predator. The petition must allege that the person is a sexually violent predator and must state sufficient facts that would support a probable cause allegation.
S.C. Code Ann. § 44-89-100 — SC Code / Title 44 / Chapter 89 / Section 44-89-100
SECTION 44-89-100. Enforcement actions; criminal offenses; penalties.
Status: in_force

The department, in accordance with the laws of the State governing injunctions and other processes, may maintain an action in the name of the State against any person for establishing, conducting, managing, or operating any birthing center without obtaining a license as provided in this chapter. In charging any defendant in a complaint in the action, it is sufficient to charge that the defendant, upon a certain day and in a certain county, did establish, conduct, manage, or operate the birthing center without a license, without averring any further or more particular facts concerning the charge. Any person violating the provisions of this chapter or regulations promulgated under this chapter is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars for a first offense and five hundred dollars for each subsequent offense. Each day the facility or program operates without a license after notice is considered a subsequent offense.
S.C. Code Ann. § 44-29-140 — SC Code / Title 44 / Chapter 29 / Section 44-29-140
SECTION 44-29-140. Penalties pertaining to venereal disease.
Status: in_force

Any person who violates any of the provisions of Sections 44-29-60 to 44-29-140, other than Section 44-29-120, or any regulation made by the Department of Health and Environmental Control pursuant to the authority granted by law, or fails or refuses to obey any lawful order issued by any state, county, or municipal health officer, pursuant to Sections 44-29-60 to 44-29-140, or any other law or the regulations prescribed by law, is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or be imprisoned for not more than thirty days.
S.C. Code Ann. § 44-55-822 — SC Code / Title 44 / Chapter 55 / Article 9 / Section 44-55-822
SECTION 44-55-822. Preliminary tract evaluation; issuance of preliminary and final subdivision approval letters; determination of suitability for use of onsite wastewater systems.
Status: in_force

(A)(1) The Department of Health and Environmental Control may issue a preliminary tract evaluation for tracts of land that may be developed in the future. For purposes of this section, a tract of land is any tract of land that is not yet divided into individual lots for the immediate or future purpose of building development. A preliminary tract evaluation will determine whether a tract of land is conceptually appropriate for the use of onsite wastewater systems. If the proposed subdivision is found to be suitable for onsite waste treatment systems, the department shall issue a preliminary subdivision approval letter. (2) When conducting a preliminary tract evaluation, the department shall consider a variety of factors including, but not limited to, soil maps, boundary plat, and distance to the nearest sewer line. The department may determine what documents and other supporting materials must be submitted with an application for a preliminary tract evaluation. When making a determination on a preliminary tract evaluation, the department may receive and consider information and data on soil from registered soil classifiers and other site conditions from engineers. (B)(1) The Department of Health and Environmental Control may issue a preliminary subdivision approval letter for subdivisions where the use of onsite wastewater systems is proposed as the method of sewage treatment and disposal. For purposes of this section, a subdivision is any tract of land divided into five or more lots for the immediate or future purpose of building development where onsite wastewater systems are to be considered except where all of the lots are five acres or larger, regardless of the number of lots. (2) The department must not issue a final subdivision approval letter for a residential subdivision for which it has approval responsibility without first conducting a soil suitability test on each lot in the proposed subdivision. The suitability test must determine if the soil conditions on each lot meet the requirements of regulation to support the use of an onsite wastewater system. The department shall issue permits on each approved lot within the subdivision if all of the conditions for permitting have been met pursuant to regulation. Following the completion of the soil suitability test for each lot as submitted by the developer, the department shall issue a final subdivision approval letter indicating the approval or disapproval for each lot in the proposed subdivision. (3) The department shall provide space on its "Application for Subdivision of Real Estate", or another applicable form in use, for the developer of the proposed subdivision to indicate the typical setback on the lots and the typical size house that is anticipated to be built in the proposed subdivision. Changes in the house size, addition of landscaping features, addition of structures, addition of impervious materials or other site alterations could jeopardize permitting a septic tank system for a proposed lot. If the septic permit application is denied for any reason, the department shall inform the subdivision lot owner if any corrective measures could be taken to remedy the problem and lead to the issuance of a septic tank permit.
S.C. Code Ann. § 44-6-725 — SC Code / Title 44 / Chapter 6 / Article 6 / Section 44-6-725
SECTION 44-6-725. Promissory notes received by Medicaid applicant or recipient.
Status: in_force

Any promissory note received by a Medicaid applicant or recipient or the spouse of a Medicaid applicant or recipient in exchange for assets which if retained by the applicant or recipient or his spouse would cause the applicant or recipient to be ineligible for Medicaid benefits, shall, for Medicaid eligibility purposes, be deemed to be fully negotiable under the laws of this State unless it contains language plainly stating that it is not transferable under any circumstances. A promissory note will be considered valid for Medicaid purposes only if it is actuarially sound, requires monthly installments that fully amortize it over the life of the loan, and is free of any conditional or self-canceling clauses.
S.C. Code Ann. § 44-71-20 — SC Code / Title 44 / Chapter 71 / Section 44-71-20
SECTION 44-71-20. Definitions.
Status: in_force

As used in this chapter: (1) "Board" means the South Carolina Board of Health and Environmental Control. (2) "Department" means the South Carolina Department of Health and Environmental Control. (3) "Hospice" means a centrally administered, interdisciplinary health care program, which provides a continuum of medically supervised palliative and supportive care for the terminally ill patient and the family including, but not limited to, outpatient and inpatient services provided directly or through written agreement. Inpatient services include, but are not limited to, services provided by a hospice in a licensed hospice facility. Admission to a hospice program of care is based on the voluntary request of the hospice patient alone or in conjunction with designated family members. (4) "Hospice facility" means an institution, place, or building in which a licensed hospice provides room, board, and appropriate hospice services on a twenty-four hour basis to individuals requiring hospice care pursuant to the orders of a physician. (5) "Licensee" means the individual, corporation, or public entity with whom rests the ultimate responsibility for maintaining approved standards for the hospice or hospice facility. (6) "Multiple location" means a properly registered additional site, other than the licensed primary office, from which a parent hospice organization provides hospice services. "Multiple location" does not mean a "work station" as defined in item (9). (7) "Parent hospice" means a properly licensed hospice that, in addition to its primary office, also provides hospice services from a multiple location as defined in item (6). (8) "Primary office" means the main office of a hospice program from which a parent hospice provides hospice services to patients and their families and from which a parent hospice performs oversight, administrative, and coordination of care duties for any multiple location. (9) "Work station" means a site operated within the licensed service area of a hospice solely for the convenience of the staff where they may conduct activities including, but not limited to, completing paperwork, checking messages, or storing equipment. These work stations must not have signage with an address or operating hours, must not be advertised, and must not be open to the public for any reason, such as to distribute supplies or to receive referrals. Effect of Amendment 2017 Act No. 61, SECTION 1, in (3), substituted "program, which provides" for "program. This program must provide"; added (6), relating to the definition of "multiple location"; added (7), relating to the definition of "parent hospice"; added (8), relating to the definition of "primary office"; and added (9), relating to the definition of "work station".
S.C. Code Ann. § 44-55-710 — SC Code / Title 44 / Chapter 55 / Article 7 / Section 44-55-710
SECTION 44-55-710. Validity of permits.
Status: in_force

Septic tank permits issued prior to the effective date of this section under Title 44 of the 1976 Code shall continue to be valid unless the physical character of the property for which they were issued changes, provided the conditions of the original permit are met.
S.C. Code Ann. § 44-63-74 — SC Code / Title 44 / Chapter 63 / Section 44-63-74
SECTION 44-63-74. Electronic filing and transmission of death certificates; penalties; electronic signatures.
Status: in_force

(A)(1) Notwithstanding any other provision of law, death certificates must be electronically filed with the Bureau of Vital Statistics as prescribed by the State Registrar of Vital Statistics within five days after death. As prescribed by law, the Bureau of Vital Statistics shall notify the State Election Commission of the decedent's death who shall subsequently notify the County Board of Voter Registration and Elections in which the decedent was a resident of the decedent's death for purposes of removing the decedent from the voter roll. (2) The funeral director or other person acting as the funeral director who first assumes custody of a dead body shall file a death certificate. He also shall obtain: (a) the personal data of the decedent from the next of kin or the best qualified person or source available; and (b) the medical certification of cause of death as provided in department regulations. (3) Medical certifications of cause of death must be completed and returned to the funeral home director within forty-eight hours after receipt of notice of the death by the physician in charge of the patient's care for the illness or condition which resulted in death, except when an inquiry is required by a coroner or medical examiner. If the cause of death cannot be determined within forty-eight hours after death, the medical certification must be entered as pending, and the physician, medical examiner, or coroner shall submit a supplemental report to the state registrar on a form furnished by or approved by him as soon as practicable. The supplemental report shall be made a part of the death certificate. If the forty-eight hour period terminates on a weekend, federal holiday, or state holiday, the physician must file the certification by the end of the next business day. In the absence of this physician or with his approval, the certificate may be completed by his associate physician, the chief medical officer of the institution in which the death occurred, or by the pathologist who performed an autopsy upon the decedent. (4) Death certificates must be transmitted electronically between the funeral home, or funeral home director, and the physician, coroner, or medical examiner certifying the cause of death in order to document the death certificate information prescribed by this chapter. Required signatures on death certificates must be provided by electronic signature. An individual who acts, without compensation, as a funeral director on behalf of a deceased family member or friend, is exempt from the requirement to file electronically but must comply with the requirements of items (2) or (3), as applicable. (5)(a) A physician who fails to certify the cause of death within forty-eight hours, without good cause shown, may be assessed an administrative penalty for violating item (3). The department shall notify the Board of Medical Examiners if a penalty is assessed. Each day after the initial forty-eight hour period shall constitute an additional violation. (b) A funeral home or funeral director who fails to file a death certificate or collect data or collect medical certification of cause of death as required in items (1), (2), or both, without good cause shown, may be assessed an administrative penalty for violating the respective item. However, the department must not assess a penalty against a funeral home or funeral director for the delay or inability to collect personal data of the decedent pursuant to item (2)(a). The department shall notify the Board of Funeral Services if a penalty is assessed. Each day after the initial five day period in item (1) shall constitute an additional violation of that item. (c) A physician, funeral director, or funeral home that is required to file electronically pursuant to item (4) but who fails to file accordingly may be assessed an administrative penalty for violating item (4). (d) The administrative penalties are: (i) two hundred fifty dollars for a first violation or a warning letter; (ii) five hundred dollars for a second violation; and (iii) one thousand dollars for a third or subsequent violation. (e) The department shall retain any administrative penalties collected pursuant to this subsection and must allocate all of these funds to the Bureau of Vital Statistics for its use. (B) For purposes of this section, an electronic signature shall be as defined pursuant to the Uniform Electronic Transactions Act, Chapter 6, Title 26. Effect of Amendment 2022 Act No. 157, SECTION 1.A, in (A), in (4), in the first sentence, substituted "funeral home, or funeral home director," for "funeral home director" and, in the third sentence, substituted "friend, is exempt" for "friend, physicians certifying fewer than twelve deaths per year, and funeral homes that perform fewer than twelve funerals per year are exempt". 2022 Act No. 157, SECTION 1.B, in (A), in (1), inserted the second sentence.
S.C. Code Ann. § 44-21-30 — SC Code / Title 44 / Chapter 21 / Section 44-21-30
SECTION 44-21-30. Authority to contract or make grants.
Status: in_force

The Department of Behavioral Health and Developmental Disabilities may contract with or make grants to agencies or individuals to provide for a Family Support Program in accordance with this chapter. Services and supports developed must be flexible to address individual and family needs. Code Commissioner's Note At the direction of the Code Commissioner, certain references in the S.C. Code to the State Department of Mental Health, South Carolina Mental Health Commission, Department of Disabilities and Special Needs, Department of Disabilities and Special Needs Commission, Department of Alcohol and Other Drug Abuse Services, and other related terms were changed to reflect the restructuring of these agencies into component offices under the Department of Behavioral Health and Developmental Disabilities, pursuant to 2025 Act No. 3, SECTION 18.
S.C. Code Ann. § 44-44-80 — SC Code / Title 44 / Chapter 44 / Section 44-44-80
SECTION 44-44-80. Access to health and medical records; confidentiality.
Status: in_force

All hospitals, health providers, birth centers, clinics, medical records departments, third party payors, laboratories, universities, and other sources of birth defects information shall provide access to all health or medical records for the purpose of surveillance and identification of birth defects in accordance with procedures promulgated by the department in regulation. This access is protected by state and federal law concerning birth defects monitoring, and confidentiality must be maintained by the department in accordance with Section 44-44-140. Individually identifiable data may not be made available to the public.
S.C. Code Ann. § 44-7-80 — SC Code / Title 44 / Chapter 7 / Article 2 / Section 44-7-80
SECTION 44-7-80. Definitions.
Status: in_force

For the purposes of this article: (1) "Nursing home" means a facility with an organized nursing staff to maintain and operate organized facilities and services to accommodate two or more unrelated persons over a period exceeding twenty-four hours, which is operated either in connection with a hospital or as a freestanding facility for the express or implied purpose of providing intermediate or skilled nursing care for persons who are not in need of hospital care. Rehabilitative therapies may be provided on an outpatient basis. (2) "Medicaid nursing home permit" means a permit to serve Medicaid patients in an appropriately certified nursing home. (3) "Medicaid patient" means a person who is eligible for Medicaid (Title XIX) sponsored long-term care services. (4) "Medicaid patient day" means a day of nursing home care for which a nursing home receives Medicaid reimbursement. (5) "Medicaid permit day" means a day of service provided to a Medicaid patient in a Medicaid-certified nursing home which holds a Medicaid days permit. (6) "Department" means the Department of Health and Environmental Control.
S.C. Code Ann. § 44-56-59 — SC Code / Title 44 / Chapter 56 / Article 1 / Section 44-56-59
SECTION 44-56-59. Findings; conclusions.
Status: in_force

(A) The General Assembly finds: (1) The existing commercial land disposal facility in South Carolina and available capacity in this State generally are limited resources; (2) It is essential that the limited waste treatment and disposal capacity of the existing commercial facility and the State in general be preserved, ready and available to ensure that the needs of South Carolina are met first; (3) The existing commercial land disposal facility as well as other hazardous waste treatment and disposal facilities must give preference to hazardous waste generators within the State for treatment and disposal of hazardous materials at licensed facilities in the State; (4) The General Assembly and the Executive Branch have mandated restrictions on the importation of out-of-state wastes and on the capacity of existing hazardous waste landfills; and (5) Reducing the amount of hazardous waste shipped to South Carolina commercial facilities will send a message to all states that South Carolina intends to reduce to the greatest extent possible the amount of hazardous waste treated and disposed of in this State. (B) Based upon these findings, the General Assembly declares that: (1) Landfilling is the least desirable method of managing hazardous waste and, in order to reduce potential risks to human health and the environment, reliance on landfilling must be reduced or eliminated when alternative disposal methods which are technologically and economically feasible are reasonably available within the State, through regional agreements between states, or through other means; and (2) As this State reduces its reliance on landfilling through its waste minimization practices and other means, the amount of hazardous waste being shipped into this State for landfilling from locations outside of the State should be reduced and eliminated also. Validity For the validity of this section, see Environmental Technologies Council v. State of South Carolina, 901 F.Supp. 1026 (D.S.C. 1995).
S.C. Code Ann. § 44-1-200 — SC Code / Title 44 / Chapter 1 / Section 44-1-200
SECTION 44-1-200. Department may provide home health services.
Status: in_force

The Department of Health and Environmental Control may provide home health services to those persons living in areas of the State in which adequate home health services are not available and may charge fees for such services. Home health services shall include care of the ill and disabled rendered at home including, but not limited to, bedside care, treatment and rehabilitation services. In order that it may provide such services, the department may employ the necessary personnel, including nurses, physical therapists, speech therapists, occupational therapists, medical social workers, home health aides, nutritionists, and supervisory personnel, and may purchase equipment and materials necessary to maintain an effective program. The Department shall, wherever possible, assist and advise nonprofit agencies or associations in the development of home health services programs and may enter into agreements with such agencies or associations specifying the type of assistance and advice it will provide.
S.C. Code Ann. § 44-61-110 — SC Code / Title 44 / Chapter 61 / Article 1 / Section 44-61-110
SECTION 44-61-110. Restriction on financial aid.
Status: in_force

No financial grants or funds administered by the State for emergency medical services pertinent to this article shall be made available to counties or municipalities not in compliance with the provisions of this article.
S.C. Code Ann. § 44-61-550 — SC Code / Title 44 / Chapter 61 / Article 5 / Section 44-61-550
SECTION 44-61-550. Trauma Registry; confidentiality.
Status: in_force

(A) The department may establish a trauma data collection and evaluation system, known as the "Trauma Registry". The Trauma Registry must be designed to include, but must not be limited to, trauma studies, patient care and outcomes, compliance with standards of verification, and types and severity of injuries in the State. (B) The department may collect, as considered necessary and appropriate, data and information regarding patients admitted to a facility through the emergency department, through a trauma center, or directly to a special care unit. Data and information must be collected in a manner that protects and maintains the confidential nature of patient and staff identifying information. (C) Records and reports made pursuant to this section must be held confidential within the department and must not be available to the public, admissible as evidence, or subject to discovery by subpoena. Information that identifies individual patients must not be disclosed publicly without the patient's consent. (D) All data collection and data inquiry activity shall follow federally established Health Insurance Portability and Accountability Act guidelines.
S.C. Code Ann. § 44-2-75 — SC Code / Title 44 / Chapter 2 / Section 44-2-75
SECTION 44-2-75. Insurance pools.
Status: in_force

(A) Any person who owns an underground storage tank containing petroleum or petroleum products who is unable to demonstrate financial responsibility in the minimum amounts specified in Section 44-2-70(A) may establish an insurance pool in order to demonstrate this financial responsibility. The pool may purchase insurance or reinsurance on a group or individual basis, self-insure its members, or form, or join a purchasing group as defined in Section 38-87-20(10). Any contract establishing an insurance pool shall provide for: (1) the election by pool members of a governing authority for the pool, which may be a board of directors, a majority of whom must be elected or appointed officials of pool members; (2) a financial plan setting forth in general terms: (a) the insurance coverages to be offered by the insurance pool, applicable deductible levels, and the maximum levels of claims which the pool will self-insure; (b) the amount of cash reserves to be set aside for the payment of claims; (c) the amount of insurance to be purchased by the pool to provide coverage over and above the claims which are not to be satisfied directly from the pool's resources; and (d) the amount, if any, of aggregate excess insurance coverage to be purchased and maintained in the event that the insurance pool's resources are exhausted in a given fiscal period; (3) a plan of management which provides for the following: (a) the means of establishing the governing authority of the pool; (b) the responsibility of the governing authority for fixing contributions to the pool, maintaining reserves, levying and collecting assessments for deficiencies, disposing of surpluses, and administration of the pool in the event of termination or insolvency; (c) the basis upon which new members may be admitted to, and existing members may leave, the pool; (d) the identification of funds and reserves by exposure areas; and (e) those other provisions as are necessary or desirable for the operation of the pool. (B) The formation and operation of an insurance pool under this section is subject to approval by the Director of the Department of Insurance who may, after notice and hearing, establish reasonable requirements by regulation for the approval and monitoring of these pools, including prior approval of pool administrators and provisions for periodic examinations of financial condition. (C) The Department of Insurance may disapprove an application for the formation of an insurance pool and may suspend or withdraw approval whenever he finds that the applicant or pool: (1) has refused to submit its books, papers, accounts, or affairs to the reasonable inspection of the Director of the Department of Insurance or his representative; (2) has refused, or its officers or agents have refused, to furnish satisfactory evidence of its financial and business standing or solvency; (3) is insolvent or is in such condition that its further transaction of business in this State is hazardous to its members and creditors in this State, and to the public; (4) has refused or neglected to pay a valid final judgment against it within sixty days after its rendition; (5) has violated any law of this State or has violated or exceeded the powers granted by its members; (6) has failed to pay any fees, taxes, or charges imposed in this State within sixty days after they are due and payable, or within sixty days after final disposition or any legal contest with respect to liability therefor; or (7) has been found insolvent by a court of any other state, or by the insurance commissioner or other proper officer or agency of any other state, and has been prohibited from doing business in that state.
S.C. Code Ann. § 44-7-505 — SC Code / Title 44 / Chapter 7 / Article 4 / Section 44-7-505
SECTION 44-7-505. Findings.
Status: in_force

The General Assembly makes the following findings: (1) that the cost of improved health technology and scientific methods contributes significantly to the increasing cost of health care; (2) that cooperative agreements among hospitals health care purchasers, and other health care providers would foster improvements in the quality of health care for South Carolinians, moderate cost increases, improve access to needed services in rural areas, and enhance the likelihood that rural hospitals can remain open; (3) that federal and state antitrust laws may prohibit or discourage cooperative agreements that are beneficial to South Carolinians and that such agreements should be encouraged; and (4) that competition as currently mandated by federal and state antitrust laws should be supplanted by a regulatory program to permit and encourage cooperative agreements between hospitals, health care purchasers, or other health care providers when the benefits outweigh the disadvantages caused by their potential adverse effects on competition.
S.C. Code Ann. § 44-99-20 — SC Code / Title 44 / Chapter 99 / Section 44-99-20
SECTION 44-99-20. Prescription of epinephrine auto-injectors to authorized entity.
Status: in_force

Notwithstanding any other provision of law, a health care practitioner may prescribe epinephrine auto-injectors in the name of an authorized entity for use in accordance with this chapter. Notwithstanding any other provision of law, pharmacists and health care practitioners may dispense epinephrine auto-injectors pursuant to a prescription issued in the name of an authorized entity. A prescription issued pursuant to this chapter is valid for two years. For the purposes of administering and storing epinephrine auto-injectors, authorized entities are not subject to Chapter 43, Title 40 or Chapter 99 of the South Carolina Code of State Regulations.
S.C. Code Ann. § 44-61-300 — SC Code / Title 44 / Chapter 61 / Article 3 / Section 44-61-300
SECTION 44-61-300. Short title.
Status: in_force

This article may be cited as the "Children's Emergency Medical Services Act".
S.C. Code Ann. § 44-7-550 — SC Code / Title 44 / Chapter 7 / Article 4 / Section 44-7-550
SECTION 44-7-550. Review of application; advisement by the Attorney General to the department to approve or deny application.
Status: in_force

(A) Upon receipt of a completed application the department shall forward a copy of the application to the Attorney General. The Attorney General shall review the request not later than thirty days after receiving the completed application. The Attorney General may advise the department, in writing, to approve or deny the application. Failure by the Attorney General to notify the department within thirty days of receiving a completed application constitutes a recommendation for approval of the request. Advisement by the Attorney General to the department to deny a request shall set forth the reasons for the denial. (B) Upon receipt of the advice of the Attorney General or at the end of the review period outlined in Section 44-7-540, the department shall issue an order approving or denying the application for a certificate of public advantage. Upon request from the applicant or an affected person, the department's order to approve or deny the application for the certificate is entitled to judicial review in accordance with the Administrative Procedures Act.
S.C. Code Ann. § 44-7-290 — SC Code / Title 44 / Chapter 7 / Article 3 / Section 44-7-290
SECTION 44-7-290. Necessity of complying with article and regulations of department.
Status: in_force

The department may not issue licenses for the operation of facilities or services subject to this article unless the facility and persons named in the application are found to comply with the provisions of this article and the department's regulations.
S.C. Code Ann. § 44-53-480 — SC Code / Title 44 / Chapter 53 / Article 3 / Section 44-53-480
SECTION 44-53-480. Enforcement.
Status: in_force

(a) The South Carolina Law Enforcement Division shall establish within its Division a Department of Narcotics and Dangerous Drugs, which shall be administered by a director and shall be primarily responsible for the enforcement of all laws pertaining to illicit traffic in controlled and counterfeit substances. The Department of Narcotics and Dangerous Drugs, in discharging its responsibilities concerning illicit traffic in narcotics and dangerous substances and in suppressing the abuse of controlled substances, shall enforce the State plan formulated in cooperation with the Narcotics and Controlled Substance Section as such plan relates to illicit traffic in controlled and counterfeit substances. As part of its duties the Department of Narcotics and Dangerous Drugs shall: (1) Assist the Office of Substance Use Services in the exchange of information between itself and governmental and local law-enforcement officials concerning illicit traffic in and use and abuse of controlled substances. (2) Assist the Office of Substance Use Services in planning and coordinating training programs on law enforcement for controlled substances at the local and state level. (3) Establish a centralized unit which shall accept, catalogue, file and collect statistics and make such information available for federal, state and local law enforcement purposes. (4) Have the authority to execute and serve search warrants, arrest warrants, administrative inspection warrants, subpoenas, and summonses. (b) The Department of Health and Environmental Control shall be primarily responsible for making accountability audits of the supply and inventory of controlled substances in the possession of pharmacists, doctors, hospitals, health care facilities and other practitioners as well as in the possession of any individuals or institutions authorized to have possession of such substances and shall also be primarily responsible for such other duties in respect to controlled substances as shall be specifically delegated to the Department of Health and Environmental Control by the General Assembly. Drug inspectors and special agents of the Department of Health and Environmental Control as provided for in Section 44-53-490, while in the performance of their duties as prescribed herein, shall have: (1) statewide police powers; (2) authority to carry firearms; (3) authority to execute and serve search warrants, arrest warrants, administrative inspection warrants, subpoenas, and summonses; (4) authority to make investigations to determine whether there has been unlawful dispensing of controlled substances or the removal of such substances from regulated establishments or practitioners into illicit traffic; (5) authority to seize property; and (6) authority to make arrests without warrants for offenses committed in their presence. Code Commissioner's Note At the direction of the Code Commissioner, certain references in the S.C. Code to the State Department of Mental Health, South Carolina Mental Health Commission, Department of Disabilities and Special Needs, Department of Disabilities and Special Needs Commission, Department of Alcohol and Other Drug Abuse Services, and other related terms were changed to reflect the restructuring of these agencies into component offices under the Department of Behavioral Health and Developmental Disabilities, pursuant to 2025 Act No. 3, SECTION 18. Effect of Amendment 2018 Act No. 216, SECTION 4, deleted (c), eliminating the enforcement of drug laws as a function of the Department of Health and Environmental Control, and made nonsubstantive changes throughout.
S.C. Code Ann. § 44-7-1040 — SC Code / Title 44 / Chapter 7 / Article 7 / Section 44-7-1040
SECTION 44-7-1040. Furnishings, equipment, and supplies; maintenance.
Status: in_force

The board of trustees of any such hospital may also purchase furnishings, equipment and supplies and may replace the same from time to time, and they shall be responsible for the maintenance, repairs and upkeep of the buildings and property.
S.C. Code Ann. § 44-20-720 — SC Code / Title 44 / Chapter 20 / Article 5 / Section 44-20-720
SECTION 44-20-720. Minimum standards of operation and license programs.
Status: in_force

The Department of Behavioral Health and Developmental Disabilities shall establish minimum standards of operation and license programs provided for in "Facilities and Programs must be Licensed". Code Commissioner's Note At the direction of the Code Commissioner, certain references in the S.C. Code to the State Department of Mental Health, South Carolina Mental Health Commission, Department of Disabilities and Special Needs, Department of Disabilities and Special Needs Commission, Department of Alcohol and Other Drug Abuse Services, and other related terms were changed to reflect the restructuring of these agencies into component offices under the Department of Behavioral Health and Developmental Disabilities, pursuant to 2025 Act No. 3, SECTION 18.
S.C. Code Ann. § 44-7-1310 — SC Code / Title 44 / Chapter 7 / Article 9 / Section 44-7-1310
SECTION 44-7-1310. Authorization for and trustees of city hospital commission.
Status: in_force

The city council of any municipal corporation in the State containing more than five thousand inhabitants and less than ten thousand inhabitants, which has acquired, constructed or caused to be constructed a hospital, may establish a city hospital commission to operate and manage such hospital, may appoint or elect the trustees thereof and may fix by the ordinance establishing the commission the number of trustees thereof to be elected or appointed by the city council and their respective terms of office. In so doing it shall so provide that the original trustees when appointed shall serve originally for varying terms in office so that the term or terms of office of the several members of the commission may not expire at the same time. And upon the expiration of the term or terms of office of the trustees originally appointed the city council may appoint or elect their successors. And in the event of any vacancy by death, resignation or otherwise in the membership of any such commission the vacancy or vacancies may be filled by election or appointed by the city council for the unexpired term.
S.C. Code Ann. § 44-53-180 — SC Code / Title 44 / Chapter 53 / Article 3 / Section 44-53-180
SECTION 44-53-180. Tests for inclusion of substance in Schedule I.
Status: in_force

The Department shall place a substance in Schedule I if it finds that the substance has: (a) A high potential for abuse; (b) No accepted medical use in treatment in the United States; and (c) A lack of accepted safety for use in treatment under medical supervision.
S.C. Code Ann. § 44-13-40 — SC Code / Title 44 / Chapter 13 / Section 44-13-40
SECTION 44-13-40. Removal of alien patient or trainee.
Status: in_force

If any person admitted to a State mental health facility is not a citizen of the United States, the superintendent of the facility concerned shall immediately notify the Office of Mental Health of the name of the person and all ascertainable information as to race, nativity, date of last arrival in the United States, the name of the vessel on which he arrived, the port at which he landed and the name of the transporting company. The Office of Mental Health shall transmit this information to the appropriate United States authorities and shall continue to provide care and treatment for the patient or trainee pending arrangements for his deportation. Code Commissioner's Note At the direction of the Code Commissioner, certain references in the S.C. Code to the State Department of Mental Health, South Carolina Mental Health Commission, Department of Disabilities and Special Needs, Department of Disabilities and Special Needs Commission, Department of Alcohol and Other Drug Abuse Services, and other related terms were changed to reflect the restructuring of these agencies into component offices under the Department of Behavioral Health and Developmental Disabilities, pursuant to 2025 Act No. 3, SECTION 18.
S.C. Code Ann. § 44-17-460 — SC Code / Title 44 / Chapter 17 / Article 5 / Section 44-17-460
SECTION 44-17-460. Examinations prior to emergency admissions to psychiatric facilities.
Status: in_force

Prior to the emergency admission of any person to a psychiatric facility of the Office of Mental Health, the person must be examined by a licensed physician. The physician must inform the mental health center in the county where the person resides or where the examination takes place of the mental and physical treatment needs of the patient. The physician must consult with the center regarding the commitment/admission process and the available treatment options and alternatives in lieu of hospitalization at a state psychiatric facility. The examining physician must complete a statement that he has consulted with the local mental health center prior to the admission of the person to a state psychiatric facility. If the physician does not consult with the center, he must state a clinical reason for his failure to do so. The statement must accompany the physician's certificate and written application for emergency commitment. The Office of Mental Health, in its discretion, may refuse to admit a patient to its facility if the physician fails to complete the statement required by this section. Code Commissioner's Note At the direction of the Code Commissioner, certain references in the S.C. Code to the State Department of Mental Health, South Carolina Mental Health Commission, Department of Disabilities and Special Needs, Department of Disabilities and Special Needs Commission, Department of Alcohol and Other Drug Abuse Services, and other related terms were changed to reflect the restructuring of these agencies into component offices under the Department of Behavioral Health and Developmental Disabilities, pursuant to 2025 Act No. 3, SECTION 18.
S.C. Code Ann. § 44-53-1920 — SC Code / Title 44 / Chapter 53 / Article 19 / Section 44-53-1920
SECTION 44-53-1920. Limited immunity for a person who seeks medical assistance for another.
Status: in_force

(A) A person who seeks medical assistance for another person who appears to be experiencing a drug or alcohol-related overdose may not be prosecuted for any of the offenses listed in subsection (B), if the evidence for prosecution was obtained as a result of the person seeking medical assistance for the apparent overdose on the premises or immediately after seeking medical assistance and the person: (1) acted in good faith when seeking medical assistance, upon a reasonable belief that he was the first person to call for assistance; (2) provided his own name to the 911 system or to a law enforcement officer upon arrival; and (3) did not seek medical assistance during the course of the execution of an arrest warrant, search warrant, or other lawful search. (B) A person who seeks medical assistance for another person in accordance with the requirements of subsection (A) may not be prosecuted for: (1) dispensing or delivering a controlled substance in violation of Section 44-53-370(a), when the controlled substance is dispensed or delivered directly to the person who appears to be experiencing a drug-related overdose; (2) possessing a controlled substance in violation of Section 44-53-370(c); (3) possessing less than one gram of methamphetamine or cocaine base in violation of Section 44-53-375(A); (4) dispensing or delivering methamphetamine or cocaine base in violation of Section 44-53-375(B), when the methamphetamine or cocaine base is dispensed or delivered directly to the person who appears to be experiencing a drug-related overdose; (5) possessing paraphernalia in violation of Section 44-53-391; (6) selling or delivering paraphernalia in violation of Section 44-53-391, when the sale or delivery is to the person who appears to be experiencing a drug-related overdose; (7) purchasing, attempting to purchase, consuming, or knowingly possessing alcoholic beverages in violation of Section 63-19-2440; (8) transferring or giving to a person under the age of twenty-one years for consumption beer or wine in violation of Section 61-4-90; or (9) contributing to the delinquency of a minor in violation of Section 16-17-490. (C) If the person seeking medical assistance pursuant to this section previously has sought medical assistance for another person pursuant to this article, the court may consider the circumstances of the prior incidents and the related offenses to determine whether to grant the person immunity from prosecution. (D) A person described in this section must use his or her own name when contacting authorities, fully cooperate with law enforcement and medical personnel, and must remain with the individual needing medical assistance until help arrives.
S.C. Code Ann. § 44-13-20 — SC Code / Title 44 / Chapter 13 / Section 44-13-20
SECTION 44-13-20. Admission of resident ordered committed by foreign court.
Status: in_force

Any individual, legally a resident of this State, ordered to be admitted to any mental health facility under the laws of any other state, may be admitted, upon satisfactory proof of residence, to care and treatment in any State mental health facility of this State. The orders of any court of competent jurisdiction of another state or of the District of Columbia authorizing admittance of such individual to a mental health facility shall have the same force and effect upon his transfer to this State as a lawful order of any court of competent jurisdiction in this State. A certified copy of such order shall be furnished the Office of Mental Health prior to the issuance by the Office of Mental Health of any authorization of transfer of such patient. Jurisdiction in all further matters relating to such mentally ill person shall vest in the judge of probate of the county in which the mental health facility, to which such person is admitted, is located, during his confinement therein, or the judge of probate of the county in which he is legally resident. Code Commissioner's Note At the direction of the Code Commissioner, certain references in the S.C. Code to the State Department of Mental Health, South Carolina Mental Health Commission, Department of Disabilities and Special Needs, Department of Disabilities and Special Needs Commission, Department of Alcohol and Other Drug Abuse Services, and other related terms were changed to reflect the restructuring of these agencies into component offices under the Department of Behavioral Health and Developmental Disabilities, pursuant to 2025 Act No. 3, SECTION 18.
S.C. Code Ann. § 44-7-1690 — SC Code / Title 44 / Chapter 7 / Article 11 / Section 44-7-1690
SECTION 44-7-1690. Notice of approval of loan agreement; filing requirements; challenge of approval of loan agreements.
Status: in_force

Notice of the approval by a county board of any intergovernmental loan agreement or subsidiary loan agreement must be published at least once in a newspaper having general circulation in each county by the respective county board prior to the execution of such agreements. With respect to a subsidiary loan agreement, the notice must set forth the action taken by the county board and the South Carolina Department of Health and Environmental Control pursuant to Section 44-7-1660. The intergovernmental loan agreement and subsidiary loan agreement must be filed with the clerk of court of the authorizing issuer and the clerk of court of the project county prior to the issuance of the bonds authorized thereby. Any interested party may, within twenty days after the date of the publication of the notice, challenge the action taken by the county board of the authorizing issuer or the project county in approving the intergovernmental loan agreement by action de novo in the court of common pleas of the project county or the authorizing issuer. Any interested party may, within twenty days after the date of the publication of the notice, challenge the action taken by the county board in approving the subsidiary loan agreement or the Department of Health and Environmental Control with respect to the hospital facilities by action de novo in the court of common pleas in any county where the hospital facilities are to be located.
S.C. Code Ann. § 44-53-361 — SC Code / Title 44 / Chapter 53 / Article 3 / Section 44-53-361
SECTION 44-53-361. Prescriptions for opioid antidotes.
Status: in_force

(A) A prescriber shall: (1) offer a prescription or provide consistent with the existing standard of care and the FDA for naloxone hydrochloride or another drug approved by the United States Food and Drug Administration for the complete or partial reversal of opioid depression to a patient if one or more of the following conditions are present: (a) the prescription or offer consistent with the existing standard of care and the FDA dosage for the patient is fifty or more morphine milligram equivalents of an opioid medication per day; (b) an opioid medication is prescribed or offered consistent with the existing standard of care and the FDA concurrently with a prescription for benzodiazepine; or (c) the patient presents with an increased risk for overdose, including a patient with a history of overdose, a patient with a history of substance use disorder, or a patient at risk for returning to a high dose of opioid medication to which the patient is no longer tolerant; (2) consistent with the existing standard of care, provide education to patients receiving a prescription pursuant to item (1) on overdose prevention and the use of naloxone hydrochloride or another drug approved by the United States Food and Drug Administration for the complete or partial reversal of opioid depression; and (3) consistent with the existing standard of care, provide education on overdose prevention and the use of naloxone hydrochloride or another drug approved by the United States Food and Drug Administration for the complete or partial reversal of opioid depression to one or more persons designated by the patient or, for a patient who is a minor, to the patient's parent or guardian. This subsection does not apply in the following circumstances: (a) patients who are receiving care for cancer or a cancer-related condition, patients in hospice, patients receiving palliative care; or (b) any other patients who, in the prescriber's good faith medical judgment, would not benefit from a prescription for naloxone hydrochloride or another drug approved by the United States Food and Drug Administration for the complete or partial reversal of opioid-related respiratory and/or central nervous system depression. (B) A prescriber who fails to offer a prescription, as required by subsection (A)(1), or fails to provide the education and use information required by subsections (A)(2) and (3) may be subject to discipline by the appropriate licensing board. This section does not create a private right of action against a prescriber and does not limit a prescriber's liability for negligent failure to diagnose or treat a patient. (C) A prescriber is not subject to professional disciplinary actions including, but not limited to, disciplinary actions initiated by any board or licensing agency arising from the prescriber's compliance with the provisions of this section. Effect of Amendment 2023 Act No. 78, SECTION 1, rewrote (A) and added (C).
S.C. Code Ann. § 44-1-310 — SC Code / Title 44 / Chapter 1 / Section 44-1-310
SECTION 44-1-310. Maternal Morbidity and Mortality Review Committee.
Status: in_force

(A) The Department of Health and Environmental Control shall establish a Maternal Morbidity and Mortality Review Committee to review maternal deaths and to develop strategies for the prevention of maternal deaths. The committee must be multidisciplinary and composed of members deemed appropriate by the department. The committee also may review severe maternal morbidity. The department may contract with an external organization to assist in collecting, analyzing, and disseminating maternal mortality information, organizing and convening meetings of the committee, and performing other tasks as may be incident to these activities, including providing the necessary data, information, and resources to ensure successful completion of the ongoing review required by this section. (B) The State Registrar shall provide the following necessary data from death certificates of women who died within a year of pregnancy to the department staff for review to assist in identifying maternal death information: (1) name; (2) date and time of death; (3) state and county of residence; (4) date of birth; (5) marital status; (6) citizenship status; (7) United States armed forces veteran status; (8) educational background; (9) race and ethnicity; (10) date and time of injury; (11) place of injury; (12) location where injury occurred; (13) place of death (facility name and/or address); (14) manner of death; (15) whether an autopsy was performed and findings available as to the cause of death; (16) whether tobacco contributed to death; (17) primary and contributing causes of death. (C) The State Registrar shall provide the following necessary data from birth certificates or fetal death reports linked to the woman for whom data from the death certificate was provided pursuant to subsection (B), where available, to department staff for review to assist in identifying maternal death information: (1) medical record number; (2) date of delivery; (3) location of event; (4) name of mother; (5) mother's date of birth; (6) mother's race and ethnicity; (7) mother's pregnancy history; (8) mother's height and weight; (9) date of last normal menstrual period; (10) date of first prenatal visit; (11) number of prenatal visits; (12) plurality; (13) use of WIC during pregnancy; (14) delivery payment method; (15) cigarette smoking before and during pregnancy; (16) risk factors during pregnancy; (17) infections present or treated during pregnancy; (18) onset of labor; (19) obstetric procedures; (20) characteristics of labor and delivery; (21) maternal morbidity. (D) The department must not disclose any information collected under this section that would identify the mother or baby with anyone outside the department, including the committee. Identifying information includes, but may not be limited to, names, addresses more specific than the county of residence, medical record numbers, and dates and times of birth or death. (E) The department, or its representatives, on behalf of the committee, shall: (1) extract necessary data elements from death certificates and birth certificates or fetal death reports, as applicable, and provide de-identified information to the committee for its review and consideration; (2) review and abstract medical records and other relevant data; (3) contact family members and other affected or involved persons to collect additional data. (F) The committee shall: (1) review information and records provided by the department; (2) determine whether maternal death cases reviewed are pregnancy related, as defined as a death within one year of the pregnancy with a direct or indirect causation related to the pregnancy or postpartum period; (3) consult with relevant experts to evaluate the records and data; (4) make determinations regarding the preventability of maternal deaths; (5) develop recommendations for the prevention of maternal deaths; and (6) disseminate findings and recommendations pursuant to subsection (J). (G)(1) Health care providers and pharmacies licensed pursuant to Title 40 shall provide reasonable access to the department and its representatives, on behalf of the committee, to all relevant medical records associated with a case under review by the committee. (2) A health care provider, health care facility, or pharmacy providing access to medical records pursuant to this subsection are not liable for civil damages or subject to criminal or disciplinary action for good faith efforts in providing the records. (3) Coroners and law enforcement shall provide reasonable access to the department and its representatives, on behalf of the committee, to all relevant records associated with a case under review by the committee. (H)(1) Information, records, reports, statements, notes, memoranda, or other data collected pursuant to this section are not admissible as evidence in any action of any kind in any court or before another tribunal, board, agency, or person. The information, records, reports, statements, notes, memoranda, or other data must not be exhibited nor their contents disclosed, in whole or in part, by an officer or a representative of the department or another person, except as necessary for the purpose of furthering the review of the committee of the case to which they relate. A person participating in a review may not disclose the information obtained except in strict conformity with the review project. (2) All information, records of interviews, written reports, statements, notes, memoranda, or other data obtained by the department, the committee, and other persons, agencies, or organizations authorized by the department pursuant to this section are confidential. (I)(1) All proceedings and activities of the committee, opinions of members of the committee formed as a result of the proceedings and activities, and records obtained, created, or maintained pursuant to this section, including records of interviews, written reports, and statements procured by the department or another person, agency, or organization acting jointly or under contract with the department in connection with the requirements of this section, are confidential and are not subject to the provisions of Chapter 4, Title 30 relating to open meetings or public records, or subject to subpoena, discovery or introduction into evidence in any civil or criminal proceeding. However, this section must not be construed to limit or restrict the right to discover or use in any civil or criminal proceeding anything that is available from another source and entirely independent of the committee's proceedings. (2) Members of the committee must not be questioned in a civil or criminal proceeding regarding the information presented in or opinions formed as a result of a meeting or communication of the committee. However, this section must not be construed to prevent a member of the committee from testifying to information obtained independently of the committee or which is public information. (J) Reports of aggregated nonindividually identifiable data for the previous calendar year must be compiled and disseminated by March first of the following year in an effort to further study the causes and problems associated with maternal deaths. Reports must be distributed to the General Assembly, the Director of the Department of Health and Environmental Control, health care providers and facilities, key governmental agencies, and others necessary to reduce the maternal death rate. (K) Members shall serve without compensation, and are ineligible for the usual mileage, subsistence, and per diem allowed by law for members of state boards, committees, and commissions. (L) The department shall apply for and use any available federal or private monies to help fund the costs associated with implementing the provisions of this section. Effect of Amendment 2019 Act No. 42, SECTION 3, rewrote the section, changing the operation of the committee by assigning certain responsibilities to the staff of the Department of Health and Environmental Control and providing funding contingencies.
S.C. Code Ann. § 44-40-40 — SC Code / Title 44 / Chapter 40 / Section 44-40-40
SECTION 44-40-40. Establishment, administration, and duties of Agent Orange Information and Assistance Program.
Status: in_force

With the advice of council, the program shall: (1) seek out, study, evaluate, and provide information regarding epidemiological, genetic, and other studies, investigations, and research that pertain to use of chemical agents, including Agent Orange, and adverse health conditions which may be associated with exposure to such agents; (2) provide medical information to health professionals in the State regarding the detection, diagnosis, and treatment of acute and chronic symptoms which may be associated with exposure to chemical agents, including Agent Orange; (3) monitor and report on the activities and policies of the United States Government and other states relating to the exposure of veterans to chemical agents, including Agent Orange; (4) monitor existing programs for Vietnam veterans at the state or local level to determine if adequate services and resources exist, identify additional areas of concern, and make recommendations on behalf of Vietnam veterans to address these needs; (5) provide, in cooperation with the health facilities of the University of South Carolina and the Medical University of South Carolina, genetic information, screening, and counseling to veterans who have concerns regarding the possible genetic effects which may be associated with exposure to chemical agents, including Agent Orange; (6) establish, promote, and maintain a public information service on Agent Orange. The services shall include, but not be limited to, efforts to contact Vietnam veterans who may have been exposed to Agent Orange; (7) maintain a central state registry of information on Vietnam veterans in South Carolina who may have been exposed to Agent Orange, dioxin, or other chemical substances. The registry also shall include information obtained under the provisions of Section 44-40-50.
S.C. Code Ann. § 44-7-77 — SC Code / Title 44 / Chapter 7 / Article 1 / Section 44-7-77
SECTION 44-7-77. Program to obtain voluntary acknowledgment of paternity of newborns.
Status: in_force

The Department of Health and Environmental Control and the State Department of Social Services, in conjunction with the South Carolina Hospital Association, shall develop and implement a program to promote obtaining voluntary acknowledgments of paternity as soon after birth as possible and where possible before the release of the newborn from the hospital. A voluntary acknowledgment including those obtained through an in-hospital program shall contain the requirements of Section 63-17-60(A)(4) and the social security number, or the alien identification number assigned to a resident alien who does not have a social security number, of both parents, and must be signed by both parents. The signatures must be notarized. As part of its in-hospital voluntary acknowledgment of paternity program, a birthing hospital as part of the birth registration process, shall collect, where ascertainable, information which is or may be necessary for the establishment of the paternity of the child and for the establishment of child support. The information to be collected on the father or on the putative father if paternity has not been established includes, but is not limited to, the name of the father, his date of birth, home address, social security number, or the alien identification number assigned to a resident alien who does not have a social security number, and employer's name, and additionally for the putative father, the names and addresses of the putative father's parents.
S.C. Code Ann. § 44-52-140 — SC Code / Title 44 / Chapter 52 / Section 44-52-140
SECTION 44-52-140. Release of patient for temporary leave of absence.
Status: in_force

When the head of a treatment facility or unit considers it in the best interest of a patient he may permit the patient to leave the facility on a temporary leave of absence, which may be for a period of time as the head of the treatment facility or unit determines. The head of the treatment facility or unit upon releasing a patient on a temporary leave of absence may impose conditions in relation to the patient while he is absent from the facility as are proper and in the best interest of the patient and the public welfare.
S.C. Code Ann. § 44-44-150 — SC Code / Title 44 / Chapter 44 / Section 44-44-150
SECTION 44-44-150. Promulgation of regulations.
Status: in_force

The department shall promulgate regulations necessary to carry out the provisions of this chapter.
S.C. Code Ann. § 44-128-20 — SC Code / Title 44 / Chapter 128 / Section 44-128-20
SECTION 44-128-20. Youth Smoking Prevention Plan.
Status: in_force

(A) The Department of Health and Environmental Control shall develop and implement a Youth Smoking Prevention Plan for the purpose of preventing and reducing cigarette smoking by minors. (B) The Youth Smoking Prevention Plan must address prevention, cessation, and control of smoking by minors and may include but is not limited to: (1) media campaigns; (2) school based youth programs; (3) community based youth programs; (4) business, community, and school partnerships; (5) programs focusing on the enforcement and administration of state minor related tobacco laws, including retailer education; (6) surveillance and evaluations; (7) chronic disease and health-related programs. (C)(1) To assist in carrying out the purposes of the plan, the department may award youth smoking prevention grants to local agencies, organizations, and entities based on criteria developed by the department. (2) As a condition for the receipt of funds under this chapter, a grantee shall agree to file a report with the advisory commission, as to the following: (a) amount received as a grant and the expenditures made with the proceeds of the grant; (b) a description of the program offered and the number of youths who participated in the program; and (c) specific elements of the program meeting the criteria set forth in the state plan. (D) The state plan further shall provide for a grant for an annual statewide school-based survey to measure cigarette use and behaviors towards cigarette use by individuals in grades 6-12. This survey shall: (1) involve a statistically valid sample of the individuals in each grade from sixth through twelfth; (2) not include any individual who is eighteen years of age or older; and (3) be made available to the public, along with the resulting date, excluding respondent identities and respondent-identifiable date.
S.C. Code Ann. § 44-24-240 — SC Code / Title 44 / Chapter 24 / Section 44-24-240
SECTION 44-24-240. Agencies to participate in planning and provision of services; exchange of records.
Status: in_force

Agencies providing services to children or holding legal custody of children are accountable within their legislative mandate to participate in the planning and service provision to a child determined to be in need of treatment. Agencies shall exchange and share records of services to the child and the child's background.
S.C. Code Ann. § 44-37-70 — SC Code / Title 44 / Chapter 37 / Section 44-37-70
SECTION 44-37-70. Required screening to detect congenital heart defects in newborns.
Status: in_force

(A) The Department of Health and Environmental Control shall require each birthing facility licensed by the department to perform on every newborn in its care a pulse oximetry or other department-approved screening to detect critical congenital heart defects when the baby is twenty-four to forty-eight hours of age, or as late as possible if the baby is discharged from the hospital before reaching twenty-four hours of age. A department-approved screening must be based on standards set forth by the United States Secretary of Health and Human Services' Advisory Committee on Heritable Disorders in Newborns and Children, the American Heart Association, and the American Academy of Pediatrics. If a parent of a newborn objects, in writing, to the screening, for reasons pertaining to religious beliefs only, the newborn is exempt from the screening required by this subsection. (B) The Department of Health and Human Services shall work with birthing facilities through its partnership with the Birth Outcomes Initiative to recommend policies for critical congenital heart defect screening. The Department of Health and Human Services shall provide reimbursement for services provided pursuant to this section. (C) For purposes of this section, "birthing facility" means an inpatient or ambulatory health care facility licensed by the Department of Health and Environmental Control that provides birthing and newborn care services. (D) The department with advice from the Birth Outcome Initiative Leadership Team under the Department of Health and Human Services shall promulgate regulations necessary to implement the provisions of this section. In promulgating the regulations, the department must consider the best practices in screening, current scientific guidelines and recommendations, and advances in medical technology. Editor's Note 2013 Act No. 64, SECTION 1, provide as follows: "SECTION 1. This act may be cited as the 'Emerson Rose Act'."
S.C. Code Ann. § 44-77-85 — SC Code / Title 44 / Chapter 77 / Section 44-77-85
SECTION 44-77-85. Agent may be appointed to effectuate declaration.
Status: in_force

The declarant may indicate in the declaration whether he wants to appoint an agent to act on his behalf in assuring that the declaration is given effect by petitioning the court of common pleas for an order directing providers to withhold or withdraw treatment as provided in the declaration. The authority of a person designated pursuant to this section is not affected by the subsequent appointment of a guardian or by the declarant's execution of a durable power of attorney before or after execution of the declaration. If the agent is not reasonably available, or is unable or unwilling to ensure that the declaration be given effect, an interested person may petition the court of common pleas for an order directing providers to withhold or withdraw treatment as provided in the declaration. Nothing in this section alters the self-executing nature of a declaration or requires that a court order be obtained or other affirmative action be taken to make the declaration valid or to bring about its implementation. This section does not apply to a declaration that has been revoked as provided in Section 44-77-80.
S.C. Code Ann. § 44-49-350 — SC Code / Title 44 / Chapter 49 / Article 2 / Section 44-49-350
SECTION 44-49-350. Certification of recovery housing as prerequisite.
Status: in_force

Section effective November 20, 2025. Unless the recovery housing is certified pursuant to this article, residency in such recovery housing may not: (1) be made part of any criminal sentence or made a condition of probation by a court having criminal jurisdiction in this State; (2) be made a condition of any bond set by a court having criminal jurisdiction in this State; or (3) be made a condition of reentry, supervision, probation, or parole by the Department of Probation, Parole and Pardon Services. Editor's Note 2024 Act No. 160, SECTION 3, provides as follows: "SECTION 3. This act takes effect upon approval by the Governor, except Sections 44-49-340 and 44-49-350, which take effect eighteen months after approval by the Governor."
S.C. Code Ann. § 44-59-40 — SC Code / Title 44 / Chapter 59 / Section 44-59-40
SECTION 44-59-40. Officers.
Status: in_force

Members of each commission shall elect a chairman, vice chairman, and those other officers as they consider necessary with the chairmanship to be rotated between the States of North Carolina and South Carolina.
S.C. Code Ann. § 44-53-660 — SC Code / Title 44 / Chapter 53 / Article 4 / Section 44-53-660
SECTION 44-53-660. Annual report.
Status: in_force

The director shall annually report to the General Assembly his opinion as to the effectiveness of this program and his recommendations for any changes thereto.
S.C. Code Ann. § 44-28-350 — SC Code / Title 44 / Chapter 28 / Article 3 / Section 44-28-350
SECTION 44-28-350. Receipt of monies from fund not to reduce, impair, or diminish other benefits.
Status: in_force

The receipt by a beneficiary of money from the trust fund or of supplemental care or treatment provided with money from the trust fund does not in any way reduce, impair, or diminish the benefits to which the beneficiary is otherwise entitled by law.
S.C. Code Ann. § 44-17-510 — SC Code / Title 44 / Chapter 17 / Article 7 / Section 44-17-510
SECTION 44-17-510. Petition for judicial commitment; certificate of designated examiner.
Status: in_force

Proceedings for involuntary hospitalization by judicial procedure may be commenced by filing a written petition with the probate court of the county where he is present or where he is a resident by any interested person or the superintendent of any public or private mental institution in which he may be. The petition shall be served on the person and his attorney and if he has no attorney then on him and a member of his immediate family. The petition shall be accompanied by a certificate of a designated examiner stating that he has examined the person and is of the opinion that he is mentally ill and should be hospitalized or a written statement by the petitioner that the person has refused to submit to an examination by a designated examiner. The certificate or the written statement shall state the underlying facts upon which the examiner or petitioner, if the person has refused to submit to an examination, bases his conclusions and not merely the conclusions themselves.
S.C. Code Ann. § 44-29-100 — SC Code / Title 44 / Chapter 29 / Section 44-29-100
SECTION 44-29-100. Examination and treatment of prisoners for sexually transmitted disease; isolation and treatment after serving sentence.
Status: in_force

Any person who is confined or imprisoned in any state, county, or city prison of this State may be examined and treated for a sexually transmitted disease by the health authorities or their deputies. The state, county, and municipal boards of health may take over a portion of any state, county, or city prison for use as a board of health hospital. Persons who are confined or imprisoned and who are suffering with a sexually transmitted disease at the time of expiration of their terms of imprisonment must be isolated and treated at public expense as provided in Section 44-29-90 until, in the judgment of the local health officer, the prisoner may be medically discharged. In lieu of isolation, the person, in the discretion of the board of health, may be required to report for treatment to a licensed physician or submit for treatment provided at public expense by the Department of Health and Environmental Control as provided in Section 44-29-90.
S.C. Code Ann. § 44-55-1030 — SC Code / Title 44 / Chapter 55 / Article 11 / Section 44-55-1030
SECTION 44-55-1030. Collection or disposal of garbage without license unlawful.
Status: in_force

It shall be unlawful for any person to collect or dispose of garbage in any county electing to come under the provisions of this article without first obtaining a license from the governing body of the county under such terms and conditions as may be prescribed by the governing body and approved by the county health department.
S.C. Code Ann. § 44-56-405 — SC Code / Title 44 / Chapter 56 / Article 4 / Section 44-56-405
SECTION 44-56-405. Purpose.
Status: in_force

The purpose of the South Carolina Drycleaning Facility Restoration Trust Fund is to collect and manage funds for the investigation and remediation of environmental contamination arising from the operation of eligible drycleaning facilities and eligible wholesale supply facilities. The Department of Revenue shall collect, and enforce the payment of surcharges and fees, which constitute the fund, as required by this article. The Department of Health and Environmental Control shall administer the fund to ensure that the sites that pose the greatest threat to human health and the environment are remediated first and that the remediation is accomplished in compliance with this article.
S.C. Code Ann. § 44-139-40 — SC Code / Title 44 / Chapter 139 / Section 44-139-40
SECTION 44-139-40. Discrimination prohibited; disclosure of objections; construction of chapter.
Status: in_force

(A) No medical practitioner may be discriminated against in any manner because the medical practitioner: (1) provided, caused to be provided, or is about to provide or cause to be provided to the practitioner's employer, the Attorney General of South Carolina, the Department of Health and Environmental Control, the South Carolina Board of Medical Examiners, any state agency charged with protecting health care rights of conscience, the U.S. Department of Health and Human Services Office of Civil Rights, or any other federal agency charged with protecting health care rights of conscience information relating to any violation of, or any act or omission the medical practitioner reasonably believes to be a violation of, any provision of this chapter; (2) testified or is about to testify in a proceeding concerning such violation; (3) assisted or participated, or is about to assist or participate, in such a proceeding; or (4) refused to participate in an abortion. (B) Unless the disclosure is specifically prohibited by law, no medical practitioner may be discriminated against in any manner because the medical practitioner disclosed any information that the medical practitioner reasonably believes evinces: (1) any violation of any law, rule, or regulation; (2) any violation of any standard of care or other ethical guidelines for the provision of any health care service; or (3) gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety. (C) A medical practitioner shall disclose his objection to a health care service to his employer and the entity where the health care service is to be performed within a reasonable amount of time from when he knew or should have known that such a service may be performed. A health care institution or employer shall make every reasonable effort to properly document the objection status of a disclosing practitioner. (D) No provision of this chapter shall be construed as to limit an employer's or contractee's authority to make employment, staffing, contracting, disciplinary, credentialing, privileging, or other related decisions for reasons that are not directly related to individual expressions of conscience that are expressly protected by this chapter.
S.C. Code Ann. § 44-61-750 — SC Code / Title 44 / Chapter 61 / Article 7 / Section 44-61-750
SECTION 44-61-750. Conditions of practice in a remote state.
Status: in_force

An individual may practice in a remote state under a privilege to practice only in the performance of the individual's EMS duties as assigned by an appropriate authority, as defined in the rules of the Commission, and under the following circumstances: (1) the individual originates a patient transport in a home state and transports the patient to a remote state; (2) the individual originates in the home state and enters a remote state to pick up a patient and provide care and transport of the patient to the home state; (3) the individual enters a remote state to provide patient care and/or transport within that remote state; (4) the individual enters a remote state to pick up a patient and provide care and transport to a third-member state; or (5) other conditions as determined by rules promulgated by the Commission.
S.C. Code Ann. § 44-7-2930 — SC Code / Title 44 / Chapter 7 / Article 23 / Section 44-7-2930
SECTION 44-7-2930. Personnel records.
Status: in_force

A direct care entity may furnish copies of personnel records of current or former direct caregivers to another direct care entity requesting this information. Information contained in the records may include, but is not limited to, disciplinary matters and any reasons for termination. A direct care entity releasing these records pursuant to this section is presumed to be acting in good faith and is immune from civil and criminal liability which otherwise may result by reason of releasing this information. A direct care entity receiving records pursuant to this section shall conduct its own criminal record check pursuant to this article.
S.C. Code Ann. § 44-7-660 — SC Code / Title 44 / Chapter 7 / Article 5 / Section 44-7-660
SECTION 44-7-660. Annual tax.
Status: in_force

In order to meet the principal and interest of such bonds as they mature, the auditor of the county or the clerk of the council of any town or city shall annually levy upon all of the property of such county, township, city or town taxes not exceeding two mills and for a period of time not exceeding twenty years, the proceeds from such levy to be paid out by the proper officers for the retirement of the principal and interest on any bonds sold.
S.C. Code Ann. § 44-53-1640 — SC Code / Title 44 / Chapter 53 / Article 15 / Section 44-53-1640
SECTION 44-53-1640. Authority to establish and maintain prescription monitoring program; electronic submission of information by dispensers; exemptions.
Status: in_force

(A) The Department of Health and Environmental Control, Bureau of Drug Control shall establish and maintain a program to monitor the prescribing and dispensing of all Schedule II, III, and IV controlled substances by professionals licensed to prescribe or dispense these substances in this State and the administering of opioid antidotes pursuant to Sections 44-130-60 and 44-130-80. (B)(1) A dispenser shall submit to drug control, by electronic means, information regarding each prescription dispensed for a controlled substance. The following information must be submitted for each prescription: (a) dispenser DEA registration number; (b) date drug was dispensed; (c) prescription number; (d) whether prescription is new or a refill; (e) NDC code for drug dispensed; (f) quantity dispensed; (g) approximate number of days supplied; (h) patient name; (i) patient address; (j) patient date of birth; (k) prescriber DEA registration number; (l) date prescription issued by prescriber. (2) A dispenser shall submit daily to the department the information required pursuant to subsection (B)(1) in accordance with transmission methods and protocols provided in the latest edition of the "ASAP Telecommunications Format for Controlled Substances", developed by the American Society for Automation in Pharmacy. (3) Drug control may issue a waiver to a dispenser who is unable to submit prescription information by electronic means. The waiver may permit the dispenser to submit prescription information by paper form or other means if all information required pursuant to subsection (B)(1) is submitted in this alternative format. Editor's Note 2019 Act No. 65, preamble, provides as follows: "Whereas, the South Carolina General Assembly is committed to combatting the opioid epidemic occurring within this State; and "Whereas, the South Carolina General Assembly has enacted and is working to enact legislation aimed at stemming the misuse of opioids in South Carolina; and "Whereas, collecting information related to opioid use and misuse helps those working to better understand the complexities of substance abuse disorders and enables those working with patients suffering from this disease to develop strategies for treatment, education, and care; and "Whereas, the purpose of this legislation is to provide data to health care professionals treating patients who have been diagnosed with an opioid overdose and received an antidote in response to that overdose; and "Whereas, the South Carolina General Assembly intends for the information collected pursuant to this law to be used by health care professionals to assist patients in getting appropriate treatment including, but not limited to, treatment for substance abuse disorder; and "Whereas, the General Assembly intends further that the information collected pursuant to this law should not be used as the sole determining factor in a decision regarding whether to treat or refuse to treat a patient suffering from an opioid misuse. Now, therefore, [text of act]." Effect of Amendment 2017 Act No. 91, SECTION 3, in (A), substituted "shall establish" for "may establish". 2019 Act No. 65, SECTION 3, in (A), added "and the administering of opioid antidotes pursuant to Sections 44-130-60 and 44-130-80" at the end.
S.C. Code Ann. § 44-23-1130 — SC Code / Title 44 / Chapter 23 / Article 11 / Section 44-23-1130
SECTION 44-23-1130. Contracts for care and treatment.
Status: in_force

The Office of Mental Health shall make investigations and ascertain which of the patients or trainees of State mental health facilities or which of the parents, guardians, trustees, committees or other persons legally responsible therefor are financially able to pay the expenses of the care and treatment, and it may contract with any of these persons for a patient's or trainee's care and treatment. The Office of Mental Health may require any county or State agency which might have or might be able to obtain information which would be helpful to it in making this investigation to furnish this information upon request. In arriving at the amount to be paid the Office of Mental Health shall have due regard for the financial condition and estate of the patient or trainee, his present and future needs and the present and future needs of his lawful dependents, and whenever considered necessary to protect him or his dependents may agree to accept a monthly sum less than the actual per capita cost. Code Commissioner's Note At the direction of the Code Commissioner, certain references in the S.C. Code to the State Department of Mental Health, South Carolina Mental Health Commission, Department of Disabilities and Special Needs, Department of Disabilities and Special Needs Commission, Department of Alcohol and Other Drug Abuse Services, and other related terms were changed to reflect the restructuring of these agencies into component offices under the Department of Behavioral Health and Developmental Disabilities, pursuant to 2025 Act No. 3, SECTION 18.
S.C. Code Ann. § 44-54-40 — SC Code / Title 44 / Chapter 54 / Section 44-54-40
SECTION 44-54-40. Persons who may bring action; persons against whom actions may be brought; damages recoverable.
Status: in_force

(A) Any one or more of the following persons may bring an action for damages caused by an individual's use of an illegal controlled substance against those persons enumerated in subsection (B) of this section: (1) a parent, legal custodian, child, spouse, or sibling of the individual user; (2) an individual who was exposed to an illegal controlled substance in utero; (3) an employer of the individual user; (4) a medical facility, insurer, employer, governmental entity, or other legal entity that funds a drug treatment program or other employee assistance program for or that otherwise expends money on behalf of the individual user; or (5) a person injured as a result of the wilful, reckless, or negligent actions of an individual user. (B) A person entitled to bring an action pursuant to subsection (A) of this section may seek damages from one or more of the following: (1) a person who sold, administered, or furnished an illegal controlled substance to the individual user; or (2) a person who knowingly participated in the marketing of an illegal controlled substance, if all of the following apply: (a) The place of illegal activity by the individual user is within the municipality, county, or unincorporated area of the county in which the defendant's place of participation is situated. (b) The defendant's participation in the marketing of illegal controlled substances was connected with the same type of illegal controlled substance used by the individual user, and the defendant has been convicted of an offense for that type of specified illegal controlled substance, which he committed in the same county as the individual user's place of use. (c) The defendant participated in the marketing of illegal controlled substances at any time during the period in which the individual user used the illegal controlled substance. (C) As used in paragraph B(2) of this section, "knowingly participated in the marketing of an illegal controlled substance" means an individual was convicted of possession with the intent to distribute or distribution of an illegal controlled substance in violation of Chapter 53 of Title 44, Poisons, Drugs, and Other Controlled Substances, Section 44-53-10, et seq. (D) A person entitled to bring an action under this section may recover all of the following damages: (1) economic damages including, but not limited to, the cost of treatment and rehabilitation, medical expenses, loss of economic or educational potential, loss of productivity, absenteeism, support expenses, accidents or injury, and any other pecuniary loss proximately caused by the use of an illegal controlled substance; (2) noneconomic damages including, but not limited to, physical and emotional pain and suffering, physical impairment, emotional distress, mental anguish, disfigurement, loss of enjoyment, loss of companionship, services, and consortium, and other nonpecuniary losses proximately caused by an individual's use of an illegal controlled substance; (3) exemplary damages; (4) reasonable attorney fees; and (5) costs of suit including, but not limited to, reasonable expenses for expert testimony.
S.C. Code Ann. § 44-93-210 — SC Code / Title 44 / Chapter 93 / Section 44-93-210
SECTION 44-93-210. Annual estimate of amount of infectious waste; infectious waste treatment facilities.
Status: in_force

(A) Annually the department shall estimate and publish the amount of infectious waste it expects to be generated within this State during the succeeding calendar year. No permitted infectious waste treatment facility may treat more than the amount the department allows it to treat by permit. (B) For purposes of this section, a permitted infectious waste treatment facility means a site where infectious waste is incinerated regardless of the number of incinerator units or the ownership of the units.
S.C. Code Ann. § 44-44-70 — SC Code / Title 44 / Chapter 44 / Section 44-44-70
SECTION 44-44-70. Maintenance of central database; case ascertainment.
Status: in_force

The department shall maintain a central database for the gathering of data from hospitalizations, specialty clinics, births, pregnancies, stillbirths, and pediatric deaths through age two, throughout the State, including border regions. The department shall establish procedures for active birth defect case ascertainment. The data system must be maintained to be accurate, timely, and dynamic, and the department shall institute procedures to make this system effective. The department may expand the age range for data collection as resources become available and if the department determines the additional data collection would benefit the program.
S.C. Code Ann. § 44-89-60 — SC Code / Title 44 / Chapter 89 / Section 44-89-60
SECTION 44-89-60. Reports from and investigations of centers; rules and regulations.
Status: in_force

The department shall require reports from, regulate, investigate, and inspect all birthing centers and records of these facilities as necessary and promulgate regulations in accordance with the Administrative Procedures Act to carry out the purposes of this chapter. The regulations must include, but not be limited to, the following requirements: (1) Births planned to occur at a birthing center must be restricted to low-risk births following normal, uncomplicated pregnancy. (2) Birthing centers shall provide care by physicians, certified nurse-midwives, or licensed lay-midwives to childbearing women during pregnancy, birth, and puerperium. (3) A physician must be on call and available to provide medical assistance at the birthing center at all times that it is serving the public. (4) A physician shall make a written determination that the planned birth is low risk. The regulations also must provide that any birthing center which is in operation at the time of promulgation of these regulations is given a reasonable period of time, not to exceed one year from the date of the promulgation, within which to comply with the regulations.
S.C. Code Ann. § 44-11-110 — SC Code / Title 44 / Chapter 11 / Section 44-11-110
SECTION 44-11-110. Easements and rights-of-way on grounds of facilities.
Status: in_force

The Department of Behavioral Health and Developmental Disabilities may, by resolution recorded on the minutes of its meetings, grant easements, permits or rights of way on, over or under the grounds of the Office of Mental Health facilities, but none may be granted unless approved in writing by the Attorney General before delivery. Code Commissioner's Note At the direction of the Code Commissioner, certain references in the S.C. Code to the State Department of Mental Health, South Carolina Mental Health Commission, Department of Disabilities and Special Needs, Department of Disabilities and Special Needs Commission, Department of Alcohol and Other Drug Abuse Services, and other related terms were changed to reflect the restructuring of these agencies into component offices under the Department of Behavioral Health and Developmental Disabilities, pursuant to 2025 Act No. 3, SECTION 18.
S.C. Code Ann. § 44-56-140 — SC Code / Title 44 / Chapter 56 / Article 1 / Section 44-56-140
SECTION 44-56-140. Violations; penalties.
Status: in_force

A. Whenever the department finds that any person is in violation of any permit, regulation, standard, or requirement under this Chapter, the department may issue an order requiring such person to comply with such permit, regulation, standard, or requirement, or the department may request that the Attorney General bring civil action for injunctive relief in the appropriate court; or, the department may request that the Attorney General bring civil enforcement action under subsection B of this section. Violation of any court order issued pursuant to this section shall be deemed contempt of the issuing court and punishable therefor as provided by law. The department may also invoke civil penalties as provided in this section for violations of the provisions of this chapter, including any order, permit, regulation or standard. Any person against whom a civil penalty is invoked by the department may appeal the decision of the department to the Court of Common Pleas in Richland County. B. Any person who violates any provision of Section 44-56-130 shall be liable for a civil penalty not to exceed twenty-five thousand dollars per day of violation. C. Any person who willfully violates any provision of Section 44-56-130 shall be deemed guilty of a misdemeanor and upon conviction shall be fined not more than twenty-five thousand dollars per day of violation or imprisoned for not more than one year or both, if the conviction is for a second or subsequent offense; the punishment shall be by a fine not to exceed fifty thousand dollars per day of violation, or imprisonment not to exceed two years, or both. D. Each day of noncompliance with any order issued pursuant to this chapter, or noncompliance with any permit, regulation, standard or requirement pursuant to Section 44-56-130 shall constitute a separate offense. E. The violations referred to in this section shall be reported by the department to the governing body of the county or municipality concerned within twenty-four hours.
S.C. Code Ann. § 44-56-830 — SC Code / Title 44 / Chapter 56 / Article 9 / Section 44-56-830
SECTION 44-56-830. Foundation to submit annual report to Select Oversight Committee.
Status: in_force

The foundation shall submit an annual report to the Hazardous Waste Management Select Oversight Committee created pursuant to Section 44-56-840 fully accounting for the expenditures of the fund and the results realized from the research program.
S.C. Code Ann. § 44-1-148 — SC Code / Title 44 / Chapter 1 / Section 44-1-148
SECTION 44-1-148. Resale for human consumption prohibited for fresh meat or fresh meat products if returned by a consumer.
Status: in_force

Fresh meat or fresh meat products sold to a consumer may not be offered to the public for resale for human consumption if the fresh meat or fresh meat products have been returned by the consumer.
S.C. Code Ann. § 44-79-10 — SC Code / Title 44 / Chapter 79 / Section 44-79-10
SECTION 44-79-10. Short title.
Status: in_force

This chapter may be cited as the Physical Fitness Services Act.
S.C. Code Ann. § 44-17-520 — SC Code / Title 44 / Chapter 17 / Article 7 / Section 44-17-520
SECTION 44-17-520. Notice of petition and right to counsel.
Status: in_force

Upon receipt of a petition the court shall give notice thereof to the proposed patient, to his legal guardian, if any, and to any other interested person. This notice shall also indicate the proposed patient's right to counsel.
S.C. Code Ann. § 44-32-120 — SC Code / Title 44 / Chapter 32 / Section 44-32-120
SECTION 44-32-120. Minors or persons impaired by drugs, alcohol, or otherwise incapable of consenting; unhealthy skin surfaces; penalty.
Status: in_force

(A) It is unlawful for a person to perform or offer to perform body piercing upon a person under the age of eighteen years, unless the body piercing is performed in the presence of, or as directed by a notarized writing by, the person's parent or legal guardian. (B) This section does not apply to the body piercing of an emancipated minor. (C) The minor upon whom body piercing is performed, or the parent or legal guardian of that minor or any other minor, is not liable for punishment pursuant to this section. (D) Body piercing may not be performed upon a person impaired by drugs or alcohol. A person is considered incapable of consenting to body piercing and incapable of understanding body piercing procedures and aftercare suggestions. (E) Body piercing may not be performed on skin surfaces having a rash, pimples, boils, infections, or evidence of unhealthy conditions. (F) A person who violates a provision of this chapter is guilty of a misdemeanor and, upon conviction, must be fined up to two thousand five hundred dollars or imprisoned up to one year, or both. (G) All fines collected must be remitted to the State Treasurer to be credited to the Department of Health and Environmental Control in a separate and distinct account to be used solely to carry out and enforce the provisions of this chapter.
S.C. Code Ann. § 44-43-80 — SC Code / Title 44 / Chapter 43 / Article 2 / Section 44-43-80
SECTION 44-43-80. Paid leaves of absence to employees to donate bone marrow.
Status: in_force

(A) An employer may grant paid leaves of absence to an employee who seeks to undergo a medical procedure to donate bone marrow. As used in this section, "employer" means a person or entity that employs twenty or more employees at least at one site within this State and includes an individual, corporation, partnership, association, nonprofit organization, group of persons, state, county, city, or other governmental subdivision. "Employee" means a person who performs services for hire for an employer for an average of twenty or more hours a week and includes all individuals employed at a site owned or operated by an employer but does not include an independent contractor. (B) The combined length of paid leaves of absence requested by an employee must be determined by the employee but may not exceed forty work hours unless the employer agrees to a longer period of time. The employer may require verification by a physician of the purpose and length of each paid leave of absence requested by the employee to donate bone marrow. If there is a medical determination that the employee does not qualify as a bone marrow donor, the paid leave of absence granted to the employee before that medical determination is not forfeited. (C) An employer may not retaliate against an employee for requesting or obtaining a paid leave of absence as provided by this section. (D) This section does not prevent an employer from providing a paid leave of absence for bone marrow donations in addition to leave allowed under this section. This section does not affect an employee's rights with respect to any other employment benefit.
S.C. Code Ann. § 44-1-145 — SC Code / Title 44 / Chapter 1 / Section 44-1-145
SECTION 44-1-145. Minimum cooking temperature for ground beef; exceptions.
Status: in_force

(A) Notwithstanding any other provision of law, ground beef or any food containing ground beef prepared by a food service provider for public consumption must be cooked to heat all parts of the food to at least one hundred fifty-five degrees Fahrenheit (sixty-eight degrees Celsius), unless otherwise ordered by the immediate consumer. (B) The food service provider, its business or its employees or agents, are not liable for any adverse affects to the purchaser or anyone else for providing a ground beef product cooked at an internal temperature less than one hundred fifty-five degrees Fahrenheit (sixty-eight degrees Celsius), if providing the product is at the request of the purchaser and if the food service provider has notified the purchaser in advance that a possible health risk may exist by eating the product. The notice must state that a possible health risk may exist in eating undercooked ground beef at an internal temperature less than one hundred fifty-five degrees Fahrenheit (sixty-eight degrees Celsius), and be given to the purchaser: (1) in writing; (2) as stated on the menu; or (3) by visible sign warning. (C) In order for an immediate consumer or purchaser, as used in this section, to request or order ground beef to be cooked to a temperature less than one hundred fifty-five degrees Fahrenheit (sixty-eight degrees Celsius), the individual must be eighteen years of age or older.
S.C. Code Ann. § 44-135-10 — SC Code / Title 44 / Chapter 135 / Section 44-135-10
SECTION 44-135-10. Citation of act.
Status: in_force

This act may be cited as the "Asbestos and Silica Claims Procedure Act of 2006".
S.C. Code Ann. § 44-55-850 — SC Code / Title 44 / Chapter 55 / Article 9 / Section 44-55-850
SECTION 44-55-850. Construction.
Status: in_force

The provisions of this article shall not be construed to increase or decrease the powers or jurisdiction of any agency responsible for issuance of permits or regulations relating to safety or health or the enforcement of codes and ordinances.
S.C. Code Ann. § 44-53-365 — SC Code / Title 44 / Chapter 53 / Article 3 / Section 44-53-365
SECTION 44-53-365. Theft of controlled substance; penalty.
Status: in_force

(A) It is unlawful for a person to take or exercise control over a controlled substance, the immediate precursor of a controlled substance, or ephedrine, pseudoephedrine, or phenylpropanolamine belonging to another person or entity with the intent to deprive the person or entity of the controlled substance, the immediate precursor, or ephedrine, pseudoephedrine, or phenylpropanolamine. (B) A person who knowingly and intentionally violates subsection (A): (1) for a first offense, is guilty of a felony and, upon conviction, must be imprisoned for not more than five years or fined not more than five thousand dollars, or both; and (2) for a second or subsequent violation, is guilty of a felony and, upon conviction, must be imprisoned for not more than ten years or fined not more than ten thousand dollars, or both. Editor's Note Section 44-53-160(B) authorizes the Department of Public Health, formerly the Department of Health and Environmental Control, to add, delete, or reschedule a substance as a controlled substance when the General Assembly is not in session, and Section 44-53-160(C) requires the department to make such changes to conform to federal law. For a complete and accurate list of controlled substance schedules, please visit the department's website at https://dph.sc.gov/professionals/healthcare-quality/drug-control-register-verify/controlled-substance-schedule
S.C. Code Ann. § 44-48-10 — SC Code / Title 44 / Chapter 48 / Section 44-48-10
SECTION 44-48-10. Short title.
Status: in_force

This chapter is known and may be cited as the "Sexually Violent Predator Act".
S.C. Code Ann. § 44-80-50 — SC Code / Title 44 / Chapter 80 / Section 44-80-50
SECTION 44-80-50. Revocation.
Status: in_force

(A) A POST form may be revoked at any time by an oral or written statement by the patient or a patient's legal representative. (B) A revocation is only effective upon communication to the health care provider or health care facility by the patient or the patient's legal representative. (C) The execution of a POST form by a patient, or the patient's legal representative, pursuant to this chapter automatically revokes any previously executed POST form.
S.C. Code Ann. § 44-33-380 — SC Code / Title 44 / Chapter 33 / Article 3 / Section 44-33-380
SECTION 44-33-380. Promulgation of regulations.
Status: in_force

The department shall promulgate regulations and develop procedures and guidelines to implement the provisions of this article.
S.C. Code Ann. § 44-55-10 — SC Code / Title 44 / Chapter 55 / Article 1 / Section 44-55-10
SECTION 44-55-10. Citation of article.
Status: in_force

This article may be cited as the State Safe Drinking Water Act.
S.C. Code Ann. § 44-41-310 — SC Code / Title 44 / Chapter 41 / Article 3 / Section 44-41-310
SECTION 44-41-310. Short title.
Status: in_force

This article may be cited as the "Woman's Right to Know Act".
S.C. Code Ann. § 44-7-1520 — SC Code / Title 44 / Chapter 7 / Article 11 / Section 44-7-1520
SECTION 44-7-1520. Provisions in loan agreement for completion of facilities, payments, and additional bonds.
Status: in_force

Every loan agreement shall contain a covenant obligating the hospital agency or public agency to effect the completion of the hospital facilities if the proceeds of the bonds prove insufficient, and each such loan agreement shall obligate the hospital agency or public agency to make payments which shall be sufficient (a) to pay the principal of and interest on the bonds issued for such hospital facilities, (b) to build up and maintain any reserves deemed by the county board to be advisable in connection therewith, and (c) to pay the costs of maintaining the hospital facilities in good repair and the cost of keeping it properly insured. The loan agreement may provide for the issuance of additional parity bonds as required in order to complete the hospital facility.
S.C. Code Ann. § 44-23-420 — SC Code / Title 44 / Chapter 23 / Article 5 / Section 44-23-420
SECTION 44-23-420. Designated examiners' report.
Status: in_force

(A) Within ten days of examination under Section 44-23-410(A)(1) or at the conclusion of the observation period under Section 44-23-410(A)(2), the designated examiners shall make a written report to the court which shall include: (1) a diagnosis of the person's mental condition; and (2) clinical findings bearing on the issues of whether or not the person is capable of understanding the proceedings against him and assisting in his own defense, and if there is a substantial probability that he will attain that capacity in the foreseeable future. (B) The report of the designated examiners shall not contain any findings nor shall the examiners testify on the question of insanity should it be raised as a defense unless further examination on the question of insanity is ordered by the court. (C) The report is admissible as evidence in subsequent hearings pursuant to Section 44-23-430.
S.C. Code Ann. § 44-61-730 — SC Code / Title 44 / Chapter 61 / Article 7 / Section 44-61-730
SECTION 44-61-730. Home state licensure.
Status: in_force

(A) Any member state in which an individual holds a current license shall be deemed a home state for purposes of this compact. (B) Any member state may require an individual to obtain and retain a license to be authorized to practice in the member state under circumstances not authorized by the privilege to practice under the terms of this compact. (C) A home state's license authorizes an individual to practice in a remote state under the privilege to practice only if the home state: (1) currently requires the use of the National Registry of Emergency Medical Technicians (NREMT) examination as a condition of issuing initial licenses at the EMT and paramedic levels; (2) has a mechanism in place for receiving and investigating complaints about individuals; (3) notifies the Commission, in compliance with the terms herein, of any adverse action or significant investigatory information regarding an individual; (4) no later than five years after activation of the compact, requires a criminal background check of all applicants for initial licensure, including the use of the results of fingerprint or other biometric data checks compliant with the requirements of the Federal Bureau of Investigation with the exception of federal employees who have suitability determination in accordance with 5 C.F.R. Section 731.202 and submit documentation of such as promulgated in the rules of the Commission; and (5) complies with the rules of the Commission.
S.C. Code Ann. § 44-63-55 — SC Code / Title 44 / Chapter 63 / Section 44-63-55
SECTION 44-63-55. Certificate of birth resulting in stillbirth.
Status: in_force

(A) The state registrar shall develop a form entitled "Certificate of Birth Resulting in Stillbirth" for distribution to all South Carolina delivering hospitals. The hospital shall provide and offer to complete this form, prior to discharge, for mothers whose delivery resulted in a fetal death of twenty completed weeks of gestation or more or a weight of three hundred fifty grams or more. The "Certificate of Birth Resulting in Stillbirth" must be filed with the county registrar within five days following the delivery. The "Certificate of Birth Resulting in Stillbirth" does not constitute proof of a live birth and does not replace the requirement to file a Report of Fetal Death as required in Regulation 61-19, Section 21. (B) The person preparing the "Certificate of Birth Resulting in Stillbirth" pursuant to this section shall leave blank any reference to the stillborn's name if the parent or parents do not provide this information. Editor's Note 2004 Act No. 203, SECTION 1, provides as follows: "This act may be cited as 'Hunter's Law'."
S.C. Code Ann. § 44-7-1330 — SC Code / Title 44 / Chapter 7 / Article 9 / Section 44-7-1330
SECTION 44-7-1330. Powers and duties.
Status: in_force

Any such city hospital commission shall have the control and management of the hospital and may select the employees and officers of the hospital, including its medical and surgical staff, and may fix the charges and fees to be paid for the services of the hospital and adopt such rules and regulations concerning its management as it may see fit.
S.C. Code Ann. § 44-32-70 — SC Code / Title 44 / Chapter 32 / Section 44-32-70
SECTION 44-32-70. Regulations; business license or permit.
Status: in_force

(A) A department may adopt regulations that do not conflict with, or are more comprehensive than, the provisions of this chapter or with the standards adopted by the department and promulgated by regulations by the department. (B) This chapter does not limit the department's ability to require a registrant to obtain any business license or permit that the department finds appropriate.
S.C. Code Ann. § 44-41-610 — SC Code / Title 44 / Chapter 41 / Article 6 / Section 44-41-610
SECTION 44-41-610. Definitions.
Status: in_force

As used in this article: (1) "Abortion" means the act of using or prescribing any instrument, medicine, drug, or any other substance, device, or means with the intent to terminate the clinically diagnosable pregnancy of a woman with knowledge that the termination by those means will, with reasonable likelihood, cause the death of the unborn child. Such use, prescription, or means is not an abortion if done with the intent to save the life or preserve the health of the unborn child, or to remove a dead unborn child. (2) "Clinically diagnosable pregnancy" means the point in time when it is possible to determine that a woman is pregnant due to the detectible presence of human chorionic gonadotropin (hCG). (3) "Conception" means fertilization of an ovum by sperm. (4) "Contraceptive" means a drug, device, or chemical that prevents ovulation, conception, or the implantation of a fertilized ovum in a woman's uterine wall after conception. (5) "Fatal fetal anomaly" means that, in reasonable medical judgment, the unborn child has a profound and irremediable congenital or chromosomal anomaly that, with or without the provision of life-preserving treatment, would be incompatible with sustaining life after birth. (6) "Fetal heartbeat" means cardiac activity, or the steady and repetitive rhythmic contraction of the fetal heart, within the gestational sac. (7) "Gestational age" means the age of an unborn child as calculated from the first day of the last menstrual period of a pregnant woman. (8) "Gestational sac" means the structure that comprises the extraembryonic membranes that envelop the unborn child and that is typically visible by ultrasound after the fourth week of pregnancy. (9) "Medical emergency" means in reasonable medical judgment, a condition exists that has complicated the pregnant woman's medical condition and necessitates an abortion to prevent death or serious risk of a substantial and irreversible physical impairment of a major bodily function, not including psychological or emotional conditions. A condition must not be considered a medical emergency if based on a claim or diagnosis that a woman will engage in conduct that she intends to result in her death or in a substantial and irreversible physical impairment of a major bodily function. (10) "Physician" means a person licensed to practice medicine in this State. (11) "Pregnant" means the human biological female reproductive condition of having a living unborn child within her body, whether or not she has reached the age of majority. (12) "Rape" has the same meaning as criminal sexual conduct, regardless of the degree. (13) "Reasonable medical judgment" means a medical judgment that would be made by a reasonably prudent physician who is knowledgeable about the case and the treatment possibilities with respect to the medical conditions involved. (14) "Unborn child" means an individual organism of the species homo sapiens from conception until live birth. Validity For the validity of the previous version of this section, see Planned Parenthood South Atlantic v. State, 882 S.E.2d 770 (S.C. 2023); see Dobbs v. Jackson Women's Health Org., 142 S.Ct. 2228 (U.S. 2022). Editor's Note 2023 Act No. 70, SECTIONS 11 and 12, provide as follows: "SECTION 11. The Public Employee Benefit Authority and the State Health Plan shall cover prescribed contraceptives for dependents under the same terms and conditions that the Plan provides contraceptive coverage for employees and spouses. The State Health Plan shall not apply patient cost sharing provisions to covered contraceptives. "SECTION 12. The President of the Senate, on behalf of the Senate, and the Speaker of the House of Representatives, on behalf of the House of Representatives have an unconditional right to intervene on behalf of their respective bodies in a state court action and may provide evidence or argument, written or oral, if a party to that court action challenges the constitutionality of this act. In a federal court action that challenges the constitutionality of this act the Legislature may seek to intervene, to file an amicus brief, or to present arguments in accordance with federal rules of procedure. Intervention by the Legislature pursuant to this provision does not limit the duty of the Attorney General to appear and prosecute legal actions or defend state agencies, officers or employees as otherwise provided. In any action in which the Legislature intervenes or participates, the Senate and the House of Representatives shall function independently from each other in the representation of their respective clients." Effect of Amendment 2023 Act No. 70, SECTION 2, rewrote the section.
S.C. Code Ann. § 44-69-80 — SC Code / Title 44 / Chapter 69 / Section 44-69-80
SECTION 44-69-80. Discrimination prohibited.
Status: in_force

Home health agencies shall not discriminate based on age, sex, race, color, or source of payment in the recruitment, location of patient, acceptance or provision of goods and services to patients or potential patients, provided that payment offered is not less than the cost of providing services.
S.C. Code Ann. § 44-6-720 — SC Code / Title 44 / Chapter 6 / Article 6 / Section 44-6-720
SECTION 44-6-720. Requirements for qualifying for undue hardship waiver.
Status: in_force

(A) To be considered for a waiver due to undue hardship, the applicant must meet all other applicable eligibility criteria for assistance. If the federal "transfer of resources" rule set forth in 42 U.S.C. Section 1396p(c), as amended, applies to the applicant, then no undue hardship waiver may be granted until the period of ineligibility has expired. For the purposes of this subsection, the maximum length of ineligibility is extended to sixty months from the date of any improper transfer. (B) The trust established for the applicant must meet the following criteria: (1) the applicant's monthly gross income from all sources, without reference to the trust, exceeds the income eligibility standard for Medicaid then in effect but is less than the average private pay rate for nursing home care for the State; (2) the property used to fund the trust is limited to monthly unearned income owned by the applicant, including any pension payment; (3) the applicant and the state Medicaid program are the sole beneficiaries of the trust; (4) the entire income and corpus of the trust, or as much as may be distributed each month without violating federal requirements for federal financial participation, must be distributed each month for expenses related to the applicant's nursing home care that are approved under the Medicaid program, except that: (a) an amount reasonably necessary to maintain the existence of the trust, as approved by the Medicaid program, may be retained in the trust; and (b) deductions may be distributed from the trust to the same extent deductions from the income of a nursing home resident who is not a trust beneficiary are allowed under the Medicaid program, which shall include: (i) monthly personal needs allowance; (ii) payments to the beneficiary's community spouse or dependent family members as provided and in accordance with state and federal law; (iii) specified health insurance costs and special medical services provided under Title XIX of the federal "Social Security Act", 42 U.S.C. Section 1396a(r), as amended; and (iv) other deductions provided in regulations of the State Health and Human Services Finance Commission; (5) upon the death of the beneficiary, a remainder interest in the corpus of the trust passes to the State Health and Human Services Finance Commission. The commission shall remit the state share of the trust to the general fund; and (6) the trust is not subject to modification by the beneficiary or the trustee without the approval of the state Medicaid program.
S.C. Code Ann. § 44-10-50 — SC Code / Title 44 / Chapter 10 / Section 44-10-50
SECTION 44-10-50. Legislative power.
Status: in_force

The legislature of each member state has the primary responsibility to regulate health care in their state.
S.C. Code Ann. § 44-135-110 — SC Code / Title 44 / Chapter 135 / Section 44-135-110
SECTION 44-135-110. Commencement of limitations period; separation of malignant and nonmalignant claims.
Status: in_force

(A) Notwithstanding any other provision of law, with respect to any asbestos or silica claim not barred as of the effective date of this chapter, the limitations period shall not begin to run until the exposed person or claimant discovers, or through the exercise of reasonable diligence should have discovered, that the exposed person or claimant is physically impaired as set forth in this chapter by an asbestos- or silica-related condition. (B) An asbestos or silica claim arising out of a nonmalignant condition shall be a distinct cause of action from an asbestos or silica claim relating to the same exposed person arising out of asbestos- or silica-related cancer, and resolution of an asbestos or silica claim arising out of a nonmalignant condition shall not affect the ability of the same exposed person to bring a separate asbestos or silica claim arising out of an asbestos- or silica-related cancer, that otherwise meets all the requirements of Section 44-135-50 or 44-135-60.
S.C. Code Ann. § 44-78-10 — SC Code / Title 44 / Chapter 78 / Section 44-78-10
SECTION 44-78-10. Short title.
Status: in_force

This chapter may be cited as the Emergency Medical Services Do Not Resuscitate Order Act.
S.C. Code Ann. § 44-71-65 — SC Code / Title 44 / Chapter 71 / Section 44-71-65
SECTION 44-71-65. Hospice to comply with department regulations; not subject to nursing home or community residential care facility licensure and regulation.
Status: in_force

Notwithstanding any other provision of law, a hospice facility, primary office, and multiple location must comply with the regulations promulgated by the department pursuant to this chapter and are not subject to regulations pertaining to the licensure and regulation of nursing homes or community residential care facilities. Effect of Amendment 2017 Act No. 61, SECTION 1, inserted ", primary office, and multiple location" and made a nonsubstantive change.
S.C. Code Ann. § 44-130-70 — SC Code / Title 44 / Chapter 130 / Section 44-130-70
SECTION 44-130-70. Prescription of opioid antidotes to community distributors.
Status: in_force

(A) A prescriber acting in good faith and exercising reasonable care may directly or by standing order prescribe an opioid antidote to a community distributor for the purpose of distributing the opioid antidote to: (1) a person at risk of experiencing an opiate-related overdose; or (2) a caregiver of a person at risk of experiencing an opiate-related overdose. (B) A pharmacist may dispense an opioid antidote to a community distributor pursuant to a prescription or standing order issued in accordance with this section. (C)(1) A community distributor acting in good faith may distribute an opioid antidote: (a) obtained pursuant to a written prescription or standing order issued in accordance with this section; and (b) pursuant to a written joint protocol issued by the Board of Medical Examiners and the Board of Pharmacy. (2) Not later than six months after passage of this act, the Board of Medical Examiners and the Board of Pharmacy must issue a written joint protocol to authorize a community distributor to distribute an opioid antidote without a patient-specific written order or prescription to a person at risk of experiencing an opioid-related overdose or to a caregiver of such a person, and without the requirement for a pharmacist to dispense the opioid antidote. (3) The Board of Medical Examiners and the Board of Pharmacy must appoint an advisory committee to advise and assist in the development of the joint protocol for their consideration. The membership of the committee must include, but not be limited to, a representative of the Department of Health and Environmental Control, a representative of the Office of Substance Use Services, and health care professionals licensed in the State. (4) For purposes of this subsection, "caregiver" means a person who is not at risk of an opioid overdose but who, in the judgment of the community distributor, may be in a position to assist another individual during an overdose. (D) A community distributor that distributes an opioid antidote in accordance with the provisions of this section is not as a result of an act or omission subject to civil or criminal liability. Code Commissioner's Note At the direction of the Code Commissioner, certain references in the S.C. Code to the State Department of Mental Health, South Carolina Mental Health Commission, Department of Disabilities and Special Needs, Department of Disabilities and Special Needs Commission, Department of Alcohol and Other Drug Abuse Services, and other related terms were changed to reflect the restructuring of these agencies into component offices under the Department of Behavioral Health and Developmental Disabilities, pursuant to 2025 Act No. 3, SECTION 18.
S.C. Code Ann. § 44-56-480 — SC Code / Title 44 / Chapter 56 / Article 4 / Section 44-56-480
SECTION 44-56-480. Containment structures.
Status: in_force

(A) Owners or operators of existing drycleaning facilities shall install dikes or other containment structures around each machine or item of equipment in which drycleaning solvent is used and around an area in which solvents or waste containing solvents are stored. Owners or operators of new drycleaning facilities shall install containment structures before the commencement of operations and before delivery of any drycleaning solvent to the drycleaning facility. Owners or operators of operating drycleaning facilities shall maintain all containment structures while the drycleaning facility remains in operation and shall certify every five years, that the conditions at their drycleaning facility meet the requirements of subsection (A) by completing a certification form as required by the department. The containment must meet the following criteria: (1) dikes or containment structures around machines: (a) for existing drycleaning facilities the dikes or containment structures must be capable of containing one-third of the total tank capacity of each machine that does not have a rigid and impermeable containment vessel capable of containing one hundred percent of the volume of the largest single tank in the machine or piece of equipment or one-third of the total tank capacity of each machine, whichever is greater; (b) for new drycleaning facilities, the owners or operators shall install beneath each machine or item of equipment in which drycleaning solvent is used a rigid and impermeable containment vessel capable of containing one hundred percent of the volume of the largest single tank in the machine or piece of equipment or one-third of the total tank capacity of each machine, whichever is greater; (2) dikes or containment structures around areas used for storage of solvents or waste containing solvents must be capable of containing one hundred percent of the volume of the largest container stored or retained in the containment structure; (3) all diked containment areas must be sealed or otherwise made impervious to the drycleaning solvent in use at the drycleaning facility, including floor surfaces, floor drains, floor joints, and inner dike walls; (4) to the extent practicable, an owner or operator of a drycleaning facility or property owner shall seal or otherwise render impervious those portions of all floor surfaces upon which any drycleaning solvent may leak, spill, or otherwise be released; (5) containment devices must provide for the temporary containment of accidental spills or leaks until appropriate response actions are taken by the owner/operator to abate the source of the spill and remove the product from all areas on which the product has accumulated; and (6) materials used in constructing the containment structure or sealing the floors must be capable of withstanding permeation by drycleaning solvent in use at the drycleaning facility for not less than seventy-two hours. (B) The property owner or the owner or operator of a drycleaning facility or wholesale supply facility at which there is a spill of more than the federally mandated reportable quantity of drycleaning solvent outside of a containment structure, after July 1, 1995, shall report the spill to the department immediately upon the discovery of the spill and comply with existing emergency response regulations. (C) Effective January 1, 2010, all halogenated solvents must be delivered by a closed-loop delivery system. (D) Failure to comply with the requirements of this section constitutes gross negligence that may permanently bar the drycleaning facility from receiving monies from the fund, and the moratorium provided for in Section 44-56-420(B) does not apply to this drycleaning facility. Editor's Note Prior Laws: Former SECTION 44-56-480 was titled Surcharge on drycleaning solvent and halogenated drycleaning fluid, and had the following history: 1995 Act No. 119, SECTION 1; 2004 Act No. 237, SECTION 8, eff May 24, 2004; 2009 Act No. 14, SECTION 1, eff May 6, 2009.
S.C. Code Ann. § 44-30-70 — SC Code / Title 44 / Chapter 30 / Article 1 / Section 44-30-70
SECTION 44-30-70. Disciplinary action for violation of expert review panel recommendations or related regulations.
Status: in_force

A health care professional who violates a recommendation of the expert review panel as set forth in Section 44-30-40 and related regulations is subject to disciplinary action by the appropriate licensing board. Nothing in this article prohibits the department from taking any action it considers necessary to protect the public health pursuant to Section 44-1-140.
S.C. Code Ann. § 44-26-150 — SC Code / Title 44 / Chapter 26 / Section 44-26-150
SECTION 44-26-150. Clients to be informed of rights upon admission; written individualized plan of habilitation; review of plan; revision of, or changes in, plan.
Status: in_force

(A) Before or at the time of admission to an intellectual disability residential program, a client or his representative must be provided with an explanation in terms and language appropriate to his ability to understand the client's rights while under the care of the facility. (B) Within thirty days of admission a client or his representative must be provided with a written individualized plan of habilitation formulated by an interdisciplinary team and the client's attending physician. A client or his representative may participate in an appropriate manner in the planning of services. An interim habilitation program based on the preadmission evaluation of the client may be implemented promptly upon admission. The service plan must be developed with the active participation of the individual receiving the services to the extent he is able to participate meaningfully. Each individualized habilitation plan must contain: (1) a statement of the nature and degree of the client's intellectual disability and the needs of the client; (2) if a physical examination has been conducted, the client's physical condition; (3) a description of intermediate and long-range habilitative goals and, if possible, future available services; (4) a statement as to whether or not the client may be permitted outdoors on a daily basis and, if not, the reasons why. (C) An intellectual disability professional shall review each client's individual records quarterly in relation to goals and objectives established in the habilitation plan. This review must be documented and entered into the client's record. The interdisciplinary team shall conduct a full review of the client's records and habilitation program annually. (D) Included in a review must be a reassessment of the client's plan of habilitation. If the reassessment indicates a need for revisions in the client's plan of habilitation, the revisions must be implemented. (E) A client or his representative shall receive an updated plan of habilitation, upon request, pursuant to Section 44-26-120. (F) A client or his representative may request a change in the plan of habilitation. If a request for a change in the plan of habilitation is denied, a grievance may be filed by the client or his representative on his behalf. The request must be reviewed according to the grievance procedure pursuant to Section 44-26-80.
S.C. Code Ann. § 44-40-30 — SC Code / Title 44 / Chapter 40 / Section 44-40-30
SECTION 44-40-30. Creation, purpose, and membership of South Carolina Agent Orange Advisory Council; compensation of voting members.
Status: in_force

There is created the South Carolina Agent Orange Advisory Council to assist and advise the South Carolina Department of Health and Environmental Control in its duties and functions as provided in this chapter and to assist and advise the Veterans' Affairs Department of the Governor's Office in its duties and functions as provided in Section 25-11-70. The council is composed of five voting members and five nonvoting ex officio members. The voting members must be veterans who served in Vietnam, Cambodia, Laos, or Thailand. Voting members are appointed by the Governor for terms of four years and until their successors are appointed and qualify. The Governor shall designate a chairman who shall serve for a term of two years. Vacancies on the council are filled by appointment in the same manner as the original appointment for the remainder of the unexpired term. Voting members of the council are paid the usual per diem, mileage, and subsistence as provided by law for members of boards, commissions, and committees. The following shall serve as ex officio members without voting rights: (1) the Director of the Department of Health and Environmental Control; (2) the Director of Veterans' Affairs Department or his designee; (3) one faculty member of the Medical University of South Carolina with expertise in a field relevant to the purpose of the council; (4) one faculty member of the University of South Carolina with expertise in a field relevant to the purpose of the council. Code Commissioner's Note Pursuant to the directive to the Code Commissioner in 2019 Act No. 26, SECTION 4(C), references to the Division of Veterans' Affairs were changed to reflect the transfer of it to the Department of Veterans' Affairs. Editor's Note The 2019 amendment to Section 25-11-20 provided that the Governor shall appoint a Secretary, rather than a Director, to lead the Department of Veterans' Affairs.
S.C. Code Ann. § 44-1-170 — SC Code / Title 44 / Chapter 1 / Section 44-1-170
SECTION 44-1-170. Department shall supervise local boards of health.
Status: in_force

The Department of Health and Environmental Control may direct and supervise the action of the local boards of health in incorporated cities and towns and in all townships in all matters pertaining to such local boards.
S.C. Code Ann. § 44-79-110 — SC Code / Title 44 / Chapter 79 / Section 44-79-110
SECTION 44-79-110. Exemptions.
Status: in_force

The State of South Carolina and its political subdivisions and any not-for-profit corporations are exempt from the terms of this chapter.
S.C. Code Ann. § 44-53-830 — SC Code / Title 44 / Chapter 53 / Article 6 / Section 44-53-830
SECTION 44-53-830. Board of directors; membership; terms.
Status: in_force

(A) The DARE Fund is to be administered by a board of directors appointed by the Governor, with the advice and consent of the Senate, and is composed of: (1) the Attorney General, ex officio, or his designee; (2) two county sheriffs, who shall serve ex officio; (3) two police chiefs; (4) two local law enforcement officers assigned to the DARE Program; and (5) two school principals. Directors who are not elected officials serve by virtue of their position at the time of appointment. (B) Members shall serve terms of four years and until successors are appointed and qualify. A board member may be removed by the Governor in accordance with Section 1-3-240(B). Vacancies must be filled in the manner of the original appointment for the unexpired portion of the term.
S.C. Code Ann. § 44-7-90 — SC Code / Title 44 / Chapter 7 / Article 2 / Section 44-7-90
SECTION 44-7-90. Violations of Article; penalties; relocation of patients; report of daily Medicaid resident census information.
Status: in_force

(A) Based on reports from the State Department of Health and Human Services, the department shall determine each nursing home's compliance with its Medicaid nursing home permit. Violations of this article include: (1) a nursing home exceeding by more than five percent the number of Medicaid patient days stated in its permit; (2) the provisions of any Medicaid patient days by a home without a Medicaid nursing home permit. (B) A nursing home which exceeds its Medicaid patient days stated in its permit may be fined on the number of Medicaid patient days exceeding the permit days multiplied by its daily Medicaid per diem. Medicaid permit days provided to Complex Care residents, as certified by the Department of Health and Human Services, must not be counted against the facility's Medicaid permit for the first six months of their care. Any complex care provided after six months must be counted toward the facility's Medicaid patient days under the permit days times their daily Medicaid per diem rate less the statewide average patient per diem recurring income times thirty percent. Complex Care reimbursement must not be used in the fine calculation. A facility may be fined incrementally for exceeding its Medicaid permit. Violations above five and up to ten percent of the stated permit may be fined at thirty percent of its Medicaid per diem rate less the statewide average patient per diem recurring income times the number of excess Medicaid permit days. A facility may be fined fifty percent of its Medicaid per diem rate less the statewide average patient per diem recurring income for each day above ten and up to fifteen percent of its Medicaid permit. A facility may be fined seventy percent of its Medicaid per diem rate less the statewide average patient per diem recurring income for each day in excess of fifteen percent of its stated Medicaid permit. A facility may appeal to the department any fine for days over its permit based on the facility's inability to discharge a resident based on the requirements of Section 44-7-88 if the facility can prove: (1) the resident's primary pay source upon admission was not Medicaid; (2) the resident did not convert to Medicaid within twenty days of being admitted as a Medicare or Medicaid replacement policy resident; and (3) the resident did not convert to Medicaid within thirty days of being admitted as a private pay resident. (C) In the event of a voluntary or involuntary discontinuation of participation of a nursing facility in the Medicaid program, the State must ensure that the facility provides for patient safety and freedom of choice. The Department of Health and Environmental Control and the Department of Health and Human Services must determine the availability of existing patient days statewide for the purpose of relocating these patients. Based upon this determination, the department, at its discretion, may reallocate the patient days from a facility discontinuing its Medicaid participation to a facility that participates in the Medicaid program and agrees to accept the residents from the facility that is discontinuing Medicaid participation. The Medicaid permit day shall permanently remain with the facility accepting the resident. In the allocation of patient days from the facility discontinuing Medicaid participation, the department must give first priority to restoring a county's allocation where a facility holding a permit closes, or discontinues participation in Medicaid. A nursing home receiving beds under the provisions of this subsection must not be a Special Focus Facility at the time of allocation. (D) Effective July 1, 2014, all nursing facility providers holding a Medicaid permit must report their daily Medicaid resident census information to the South Carolina Department of Health and Human Services or its contractor for the purpose of maintaining a statewide bed locator and permit day tracking system. (E) Each Medicaid day above the allowable range is considered a separate violation. A fine assessed against a nursing home must be deducted from the nursing home's Medicaid reimbursement.
S.C. Code Ann. § 44-53-880 — SC Code / Title 44 / Chapter 53 / Article 6 / Section 44-53-880
SECTION 44-53-880. Use of funds.
Status: in_force

Funds credited to the trust fund, excluding the administrative fees paid to the Department of Revenue, may be used for, but are not limited to: (1) administration of this article including, but not limited to, personnel and board expenses; (2) development and promotion of the DARE Program in this State; (3) a reserve fund in an interest-bearing account with five percent of the funds received by the trust fund annually to be placed in this account. No withdrawals may be made from this account until the minimum balance has reached one hundred thousand dollars and then these funds may be used only in years in which donations do not meet the average normal operating cost incurred by the trust fund and funds are needed to meet expenses. Once the balance in the reserve funds reaches one hundred thousand dollars, excess fund earned by interest and yearly allocations may be used at the discretion of the board to cover operating costs and to provide additional funds.
S.C. Code Ann. § 44-43-10 — SC Code / Title 44 / Chapter 43 / Article 1 / Section 44-43-10
SECTION 44-43-10. Applicability of implied warranties of merchantability and fitness.
Status: in_force

The implied warranties of merchantability and fitness are not applicable to a contract for the sale, procurement, processing, distribution, or use of human tissues including, but not limited to, corneas, bones or organs, whole blood, plasma, blood products, or blood derivatives. Human tissue, whole blood, plasma, blood products, and blood derivatives must not be considered commodities subject to sale or barter, and the transplanting, injection, transfusion, or other transfer of these substances into the human body are considered a medical service.
S.C. Code Ann. § 44-115-150 — SC Code / Title 44 / Chapter 115 / Section 44-115-150
SECTION 44-115-150. Other provisions pertaining to medical records or actions involving medical negligence not invalidated by this chapter.
Status: in_force

This chapter does not invalidate any other provision of law concerning medical records, the alteration of medical records, any interest a patient has in the information contained within the medical record, or any civil action brought in the state or federal courts alleging medical negligence; further, this chapter does not invalidate the authority of a court to issue a subpoena or of a licensing or disciplinary board of this State to obtain these records as provided by law.
S.C. Code Ann. § 44-32-10 — SC Code / Title 44 / Chapter 32 / Section 44-32-10
SECTION 44-32-10. Definitions.
Status: in_force

As used in this chapter: (1) "Body piercing" means the creation of an opening in the body of a human being so as to create a permanent hole for the purpose of inserting jewelry or other decoration. This includes, but is not limited to, piercing of an ear, lip, tongue, nose, or eyebrow. "Body piercing" for the purpose of this chapter does not include piercing an ear lobe with a disposable, single-use stud or solid needle that is applied using a mechanical device to force the needle or stud through the ear lobe. (2) "Department" means the Department of Health and Environmental Control. (3) "Body piercing facility" means any room, space, location, area, structure, or business, or any part of any of these places, where body piercing is practiced or where the business of body piercing is conducted. (4) "Body piercing technician" means a person who practices body piercing and who meets the requirements of this chapter.
S.C. Code Ann. § 44-71-35 — SC Code / Title 44 / Chapter 71 / Section 44-71-35
SECTION 44-71-35. Registration of multiple location.
Status: in_force

(A) A hospice may not establish, operate, or maintain a multiple location or represent itself as such without first registering the multiple location with the department and receiving approval of the registration from the department confirming that, pursuant to Section 44-71-40(B), the hospice has properly filed the application to amend its license to include the multiple location. Upon approval by the department, a multiple location must be listed on the license of the parent hospice. (B) A registration may be filed at any time and is effective until the expiration of the license of the parent hospice that is in effect at the time of the initial approval of the multiple location. The registration and approval of a multiple location is effective for a period running coterminous with the parent hospice's license, and the registration and approval of a multiple location must be reviewed by the department annually at the time of the parent hospice's license renewal and as a part of that process as prescribed by the department in regulation. (C) The application for registration of a multiple location must prescribe by county the geographic area authorized to be served. Upon approval of the registration by the department, the license of the parent hospice must be amended to include the multiple location as required in subsection (A) as well as any additional counties within the prescribed geographic area authorized to be served. (D) A multiple location approval granted pursuant to this chapter is not assignable or transferable and is subject to suspension or revocation at any time for failure to comply with this chapter.
S.C. Code Ann. § 44-2-130 — SC Code / Title 44 / Chapter 2 / Section 44-2-130
SECTION 44-2-130. Compensation from Superb Account; other insurance or financial responsibility mechanism; deadline for submission; site rehabilitation not a state contract; criteria and restrictions; application, certification, approval, denial, appeal; records; rehabilitation plan; payments; federal government sites exempt.
Status: in_force

(A) For releases reported subsequent to June 30, 1993, and so long as funds are available in the Superb Account and except as otherwise provided in Sections 44-2-40 and 44-2-110, an owner or operator or his agent is eligible for compensation for usual, customary, and reasonable costs incurred for site rehabilitation in excess of twenty-five thousand dollars or in excess of the amount recoverable from the financial responsibility mechanism provided for this purpose, whichever is less. If a liability insurance policy or any other financial responsibility mechanism which provides financial responsibility coverage for sudden or nonsudden release of petroleum or petroleum products from an underground storage tank has been executed for a site at which compensation from the Superb Account is sought, no funds may be expended from the Superb Account until the funds provided by the financial responsibility mechanism have been exhausted. (B) For all releases reported after June 30, 1993, all site rehabilitation costs must be submitted to the department on or before September 30, 1994, to be considered for payment. After September 30, 1994, no costs will be allowed unless prior approval is obtained from the department. Requests for cost approvals must be in accordance with regulations promulgated pursuant to this chapter and criteria established by the department as authorized by this chapter. (C)(1) No owner or operator or his agent is entitled to compensation from the Superb Account for site rehabilitation unless rehabilitation is conducted in accordance with criteria established by the department and regulations promulgated by the department pursuant to Section 44-2-50(B). (2) No owner or operator or his agent is entitled to compensation from the Superb Account for the costs of repair or replacement of any tank or equipment. (D) Compensation from the Superb Account by an owner or operator or his agent conducting site rehabilitation through his own personnel or through contractors or subcontractors is not considered a state contract for purposes of procurement or subject to state bid requirements. (E)(1) An owner or operator of an underground storage tank or his agent seeking to qualify for compensation from the Superb Account for site rehabilitation shall submit a written application to the department. The written application must be on a form specified by the department and include certification that site rehabilitation is necessary, the tanks at the site have been registered in compliance with applicable law and regulations, and all registration fees have been paid. The department shall accept certification that the release at the site is in need of rehabilitation if the certification is provided jointly by the owner or operator and a South Carolina registered professional geologist or engineer, and if the certification is supported with geotechnical data which reasonably justifies the claim. Upon final determination the department shall provide written notice to the applicant of its findings including detailed reasons for any denial. Any denial of an application must be appealable to the Board of Health and Environmental Control. The department is exempt from this time frame for applications which are received within three months of the close of the grace period allowed in Section 44-2-110. (2) The owner or operator responsible for conducting the site rehabilitation or his agents shall keep and preserve suitable records of hydrological and other site assessments, site plans, contracts, accounts, invoices, or other transactions related to the cleanup and rehabilitation and the records must be accessible to the department during regular business hours. (F) An owner or operator of an underground storage tank or his agent seeking compensation from the Superb Account must submit to the department a written request consisting of a plan for site rehabilitation and an associated cost proposal in accordance with regulations established by the department. The department shall make payments as expeditiously as possible for invoices submitted in accordance with regulations. However, payment for any properly justified invoice after ninety days of receipt shall include interest compounded daily for the amount of approved costs at the same legal interest rate provided by Section 34-31-20(A). For invoices submitted to the department after July 1, 1994, no interest may be paid pursuant to this paragraph. Interest continues to accrue and must be paid for invoices submitted to the department before July 1, 1994, which meet the requirements of this paragraph. (G) The provisions of this section do not apply to rehabilitation of a release at a site owned or operated by the federal government.
S.C. Code Ann. § 44-96-200 — SC Code / Title 44 / Chapter 96 / Article 1 / Section 44-96-200
SECTION 44-96-200. White goods.
Status: in_force

(A) Not later than eighteen months after this chapter is effective, the department shall promulgate regulations governing the proper management or disposal, or both, of white goods requiring a person selling or offering white goods for sale at retail in this State to post written notice at his place of business informing the purchaser of the proper method of disposal of used white goods. Persons dealing with the disposal of white goods are encouraged to reclaim freon from white goods containing freon before recycling or disposal. (B) Three years after this chapter is effective, no person shall knowingly include white goods with other municipal solid waste that is intended for collection or disposal at a municipal solid waste landfill. (C) Three years after this chapter is effective, no owner or operator of a municipal solid waste landfill shall knowingly accept white goods for disposal at such landfill. (D) Notwithstanding any other provision of law, any person violating the provisions of subsections (B) and (C) of this section shall be subject to a fine not to exceed two hundred dollars. This provision may be enforced by a state, county, or municipal law enforcement official, or by the department. Each white good improperly disposed of shall constitute a separate violation. (E) For sales made on or after November 1, 1991, there is imposed a fee of two dollars for each white good delivered by wholesalers to licensed retail merchants, jobbers, dealers, or other wholesalers for resale in this State. Retail merchants, jobbers, dealers, or other wholesalers receiving new white goods from unlicensed wholesalers shall be responsible for the fee imposed by this section. The wholesaler or retailer is to remit the fee to the Department of Revenue on a monthly basis. The Department of Revenue shall administer, collect, and enforce the white good disposal fee in the same manner that the sales and use taxes are collected pursuant to Chapter 36 of Title 12. However, taxpayers are not required to make payments under Section 12-36-2600. In lieu of the discount allowed pursuant to Section 12-36-2610, the taxpayer may retain three percent of the total fees collected as an administrative collection allowance. This allowance applies whether or not the return is timely filed. The department is required to deposit all fees collected to the credit of the State Treasurer. The State Treasurer is required to establish a separate and distinct account from the state general fund. The State Treasurer shall credit the white good disposal fee to the Solid Waste Management Trust Fund.
S.C. Code Ann. § 44-34-100 — SC Code / Title 44 / Chapter 34 / Section 44-34-100
SECTION 44-34-100. Unlawful acts; penalties.
Status: in_force

(A) It is unlawful for a person to perform or offer to perform tattooing upon a person under the age of eighteen years. (B) The minor upon whom tattooing is performed, or the parent or legal guardian of that minor, or any other minor is not liable for punishment pursuant to this section. (C) Tattooing may not be performed upon a person impaired by drugs or alcohol. A person impaired by drugs or alcohol is considered incapable of consenting to tattooing and incapable of understanding tattooing procedures and aftercare suggestions. (D) Tattooing may not be performed on skin surfaces having a rash, pimples, boils, keloids, sunburn, open lesions, infections, or manifest any evidence of unhealthy conditions. (E) It is unlawful for a tattoo artist to tattoo any part of the head, face, or neck of another person. (F) A person who violates a provision of this chapter is guilty of a misdemeanor and, upon conviction, must be fined up to two thousand five hundred dollars or imprisoned up to one year, or both. (G) All licensing fees and monetary penalties collected must be remitted to the Department of Health and Environmental Control in a separate and distinct account to be used solely to carry out and enforce the provisions of this chapter.
S.C. Code Ann. § 44-43-1420 — SC Code / Title 44 / Chapter 43 / Article 14 / Section 44-43-1420
SECTION 44-43-1420. Development of procedures for obtaining donor registrants.
Status: in_force

Donate Life South Carolina shall develop procedures for collecting organ and tissue donor registrants from existing databases including, but not limited to, obtaining donor information from the driver's license data bank maintained by the Department of Motor Vehicles. Donate Life also may develop other procedures including, but not limited to, establishing online donor registry enrollment.