S.C. Code Ann. § 40-47-715 — SC Code / Title 40 / Chapter 47 / Article 6 / Section 40-47-715
SECTION 40-47-715. Powers and duties.
Status: in_force

(A) The committee may: (1) recommend regulations to the board relating to professional conduct to carry out the provisions of this article including, but not limited to, professional certification and the establishment of ethical standards of practice for persons holding a license to practice as acupuncturists, auricular therapists, and auricular detoxification specialists in this State; (2) recommend requirements to the board for continuing professional education acupuncturists, auricular therapists, and auricular detoxification specialists to the board; (3) request and receive the assistance of state educational institutions or other state agencies and recommend to the board information of consumer interest describing the regulatory functions of the advisory committee and the procedures by which consumer complaints are filed with and resolved by the board. The board shall make the information available to the public and appropriate state agencies. (B) The committee shall: (1) conduct hearings and keep records and minutes necessary to carry out its functions; (2) provide notice of all hearings authorized under this article pursuant to the Administrative Procedures Act; (3) determine the qualifications and make recommendations regarding the issuance of licenses to qualified acupuncturists, auricular therapists, and auricular detoxification specialists; (4) recommend to the board whether to issue or renew licenses under those conditions prescribed in this article; (5) keep a record of its proceedings and a register of all licensees, including their names and last known places of employment and residence. The board shall annually compile and make available a list of acupuncturists, auricular therapists, and auricular detoxification specialists authorized to practice in this State. An interested person may obtain a copy of this list upon application to the board and payment of an amount sufficient to cover the cost of printing and mailing; (6) report annually to the board on duties performed, actions taken, and recommendations made; (7) hear disciplinary cases and recommend findings of fact, conclusions of law, and sanctions to the board. The board shall conduct a final hearing at which it shall make a final decision; (8) perform such duties and tasks as may be delegated to the committee by the board.
S.C. Code Ann. § 40-6-240 — SC Code / Title 40 / Chapter 6 / Section 40-6-240
SECTION 40-6-240. Term of licenses; renewal; proof of continuing education; lapsed license.
Status: in_force

(A) All licenses issued under this chapter must be issued by the commission and are valid from July first of the year issued or from the date issued, whichever is later, through the following June thirtieth unless revoked or suspended pursuant to this chapter. Any license other than an apprentice license may be renewed annually. An apprentice license may be renewed one time. No examination is required for renewal of a license if the application for renewal is made within ninety days of the expiration of the license. (B) When a licensee applies for renewal, the licensee shall submit proof with the renewal form, in a form acceptable to the commission, that the licensee has acquired commission-approved continuing education of at least four hours within the previous twelve months. Continuing education is not required of apprentice auctioneers and auction firm license holders unless the owner or manager is a licensed auctioneer. (C) The renewal of a lapsed license is not retroactive and does not limit the authority of the courts or the commission to take disciplinary action against a licensee who engages in the auction profession without a current license. Editor's Note Prior Laws:1977 Act No. 111, SECTION 9; 1993 Act No. 155, SECTION 10; 1976 Code SECTION 40-6-90.
S.C. Code Ann. § 40-75-160 — SC Code / Title 40 / Chapter 75 / Article 1 / Section 40-75-160
SECTION 40-75-160. Appeal.
Status: in_force

A person aggrieved by a final action of the board may seek review of the decision in accordance with Section 40-1-160.
S.C. Code Ann. § 40-47-910 — SC Code / Title 40 / Chapter 47 / Article 7 / Section 40-47-910
SECTION 40-47-910. Definitions.
Status: in_force

As used in this article: (1) "Alternate physician supervisor" or "alternate supervising physician" means a South Carolina licensed physician currently possessing an active, unrestricted permanent license to practice medicine in South Carolina who accepts the responsibility to supervise a PA's activities in the absence of the supervising physician and this physician is approved by the physician supervisor in writing in the scope of practice guidelines. (2) "Board" means the Board of Medical Examiners of South Carolina. (3) "Committee" means the Physician Assistant Committee as established by this article as an advisory committee responsible to the board. (4) "Immediate consultation" means a supervising physician must be available for direct communication by telephone or other means of telecommunication. (5) "NCCPA" means the National Commission on Certification of Physician Assistants, Inc., the agency recognized to examine and evaluate the education of PAs, or its successor organization as recognized by the board. (6) "Physician assistant" or "PA" means a health care professional licensed to assist in the practice of medicine with a physician supervisor. (7) "Physician supervisor" or "supervising physician" means a South Carolina licensed physician currently possessing an active, unrestricted permanent license to practice medicine in South Carolina who is approved to serve as a supervising physician. The physician supervisor is the individual who is responsible for supervising a PA's activities. (8) "Supervising" means overseeing the activities of, and accepting responsibility for, the medical services rendered by a PA as part of a physician-led team in a manner approved by the board. Effect of Amendment The 2013 amendment added subsection (4), the definition of "Immediate consultation"; redesignated former subsections (4) through (7) as (5) through (8); in subsection (7), substituted "three full-time equivalent physician assistants" for "two physician assistants"; and in subsection (8), inserted "as part of a physician-led team". 2019 Act No. 32, SECTION 2, in (1), substituted "PA's" for "physician assistant's"; in (5), substituted "PAs" for "physician assistants"; in (6), inserted "or 'PA'"; in (7), in the first sentence, deleted "for no more than three full-time equivalent physician assistants" at the end, and in the second sentence, substituted "PA's" for "physician assistant's"; and in (8), substituted "PA" for "physician assistant".
S.C. Code Ann. § 40-55-130 — SC Code / Title 40 / Chapter 55 / Article 1 / Section 40-55-130
SECTION 40-55-130. Complaint to board against licensed psychologist; investigation; accusation; notice; hearing; confidentiality of proceedings; privileged communications.
Status: in_force

(A) The board shall receive complaints by any person against a licensed psychologist. Upon receipt of a complaint the chairman or the chairman's designee shall investigate the allegations of the complaint and make a report to the board concerning the investigation. If the board proceeds further, it may file a formal accusation charging the psychologist with a violation of a provision of this chapter. The accusation must be signed by the chairman or other officer on behalf of the board. When the accusation is filed, and the board sets a date for a hearing, the chairman shall notify the accused in writing, not less than thirty days before the hearing date, of the date fixed for the hearing and a true copy of the accusation must be attached to the notice. The accused may appear and show cause why his license should not be suspended, revoked, or restricted. The accused has the right to be confronted with and to cross-examine the witnesses against him and has the right to counsel. In instances where a board member has made the initial investigation of a complaint, the board member shall not sit with the board at the hearing of that complaint. (B) Notice required by subsection (A) must be sent to the accused by certified mail, return receipt requested, directed to the last mailing address furnished to the board. The post office registration receipt signed by the accused, the accused's agent, or a responsible member of the accused's household or office staff or if not accepted by the person to whom addressed, the postal authority's stamp showing the notice "Refused", is prima facie evidence of service of the notice. (C) All investigations and proceedings undertaken under the provisions of this chapter are confidential. (D) Every communication, whether oral or written, made by or on behalf of a complainant to the board or its agents, or to a hearing panel or member of a hearing panel, pursuant to this section whether by way of complaint or testimony, is privileged; and no action or proceeding, civil or criminal, may be brought against a person by whom or on whose behalf the communication was made.
S.C. Code Ann. § 40-68-75 — SC Code / Title 40 / Chapter 68 / Section 40-68-75
SECTION 40-68-75. Responsibilities of client company with respect to workers' compensation insurance; penalties and liabilities for violation.
Status: in_force

(A) An employer subject to the provisions of Title 42 who contracts with a professional employer organization or professional employer organization group continues to be subject to the provisions of Title 42 and shall comply with Title 42 with regard to procuring and maintaining workers' compensation insurance for nonassigned employees. For purposes of construction, the term "employees" in Section 42-1-360 includes both assigned and nonassigned employees. (B) A client company who refuses or neglects to provide workers' compensation insurance coverage to its nonassigned employees must be fined one thousand dollars a day for each nonassigned employee for each day the client company refuses or neglects to provide workers' compensation insurance. In this event, the client company is liable during the continuance of the refusal or neglect to an employee either for compensation under Title 42 or in an action at law instituted by the employee or his personal representative against the client company to recover damages for personal injury or death by accident. In the action at law, the client company may not be permitted to defend upon any of the grounds mentioned in Section 42-1-510 and Section 42-1-540 does not apply. The fine provided in this section must be assessed by the Workers' Compensation Commission in an open hearing with the right of review and appeal as in other cases.
S.C. Code Ann. § 40-57-790 — SC Code / Title 40 / Chapter 57 / Article 7 / Section 40-57-790
SECTION 40-57-790. Civil actions.
Status: in_force

A civil action may be brought for violations of this chapter as provided for violations of Article 1, Chapter 1, in accordance with Section 40-1-210. Effect of Amendment 2016 Act No. 170, SECTION 1, substituted "Article 1, Chapter 1," for "Title 40, Chapter 1, Article 1". 2024 Act No. 204, SECTION 3, reenacted the section with no apparent change.
S.C. Code Ann. § 40-47-760 — SC Code / Title 40 / Chapter 47 / Article 6 / Section 40-47-760
SECTION 40-47-760. Exempted activities.
Status: in_force

This article does not apply to: (1) the practice of acupuncture if it is an integral part of the program of study by students enrolled in an acupuncture education program under the direct clinical supervision of a licensed acupuncturist with at least five years of clinical experience and the program is accredited or is a candidate for accreditation or is actively seeking accreditation from ACAOM; (2) a person employed as an acupuncturist or an auricular detoxification specialist by the United States Government if these services are provided solely under the direction or control of the United States Government.
S.C. Code Ann. § 40-38-240 — SC Code / Title 40 / Chapter 38 / Section 40-38-240
SECTION 40-38-240. Qualifications for licensure as optician or contact lens optician.
Status: in_force

(A) A person is qualified to receive a certificate of licensure as an optician if the person has: (1) graduated from an accredited public or private high school or secondary school of equal grade approved by the board or has completed an equivalent course of study approved by the board. (2)(a) received a certificate from a two-year school of opticianry approved by the board; (b) a currently valid optician's license in another state; (c) been engaged in opticianry for not less than two years in a state that does not license opticians; or (d) had two years' apprenticeship under a South Carolina licensed optician, optometrist, or ophthalmologist. The board must approve in writing an apprenticeship before the apprenticeship commences, and the regulations of the board apply to the apprentice. (3) satisfactorily passed an examination conducted or recognized by the board and shows proficiency in processing a lens, frame, or any other optical device or appurtenance in accordance with an optometrist's or physician's prescription. Processing does not mean those tasks and functions in surface grinding performed by persons who work in a wholesale laboratory. Having met the requirements of this subsection and upon payment of a licensure fee established by the board in regulation, the board shall issue a certificate of licensure and shall enter the person in the board register as licensed to work as an optician. (B) A person is qualified to receive a certificate of licensure as a contact lens optician who has: (1) met all the requirements of subsection (A); and (2) satisfactorily passed a written qualifying contact lens examination conducted or recognized by the board. Having met the requirement of this subsection and upon payment of a licensure fee established by the board in regulation, the board shall issue a certificate of licensure and shall enter the person in the board register as licensed to work as a contact lens dispensing optician. Editor's Note Prior Laws:1982 Act No. 396, SECTION 1; 1988 Act No. 528, SECTIONS 2, 3; 1976 Code SECTION 40-38-120.
S.C. Code Ann. § 40-69-240 — SC Code / Title 40 / Chapter 69 / Article 1 / Section 40-69-240
SECTION 40-69-240. Temporary veterinary and veterinary technology licenses.
Status: in_force

(A) The board may issue a temporary license to practice veterinary medicine or veterinary technology to an applicant if the applicant has satisfied: (1) the qualifications and requirements of Section 40-69-220 or Section 40-69-230, as applicable; (2) filed an application, including any other required documentation, to take the examination; (3) paid a temporary license fee which must be set by the board in regulation, in addition to the examination fee; and (4) has been granted a degree from an accredited veterinary college or degree in veterinary technology. (B) A temporary license entitles the holder to practice only until the board has acted upon the application for a permanent license after the applicant successfully completes the next regularly scheduled examination. A temporary license is not renewable. Only one temporary license may be issued to a person. The board may renew a temporary license of a person who is unable to attend the examination because of illness, accident, or other reasonable condition beyond the person's control until the board is able to act on the application after the person completes the required examination. (C) A temporary license entitles the holder to practice with supervision in accordance with the following: (1) A veterinarian holding a current and valid license and who has been practicing for a period of not less than sixty days in another state, postgraduation, may practice with indirect supervision as defined in this chapter. (2) A veterinarian who has been granted a degree from a veterinary college but who cannot provide evidence of sixty days of clinical practice, postgraduation, may practice with direct supervision as defined in this chapter. (3) A veterinary technician holding a current and valid license in another state may practice with direct or indirect supervision at the discretion of the licensed veterinarian and in compliance with this chapter or as set forth in regulation. (4) A veterinary technician who does not hold a current and valid license in another state may practice with direct supervision of a licensed veterinarian. Editor's Note Prior Laws:1920 (31) 905; Civ. C. '22 SECTION 2477; 1932 Code SECTION 5256; 1942 Code SECTION 5256; 1952 Code SECTION 56-1558; 1962 Code SECTION 56-1559; 1974 (58) 2769; 1984 Act No. 457; 1994 Act No. 306, SECTION 3; 1976 Code SECTION 40-69-90.
S.C. Code Ann. § 40-57-740 — SC Code / Title 40 / Chapter 57 / Article 7 / Section 40-57-740
SECTION 40-57-740. Actions against owners and agents.
Status: in_force

(A) No cause of action may arise against an owner of real estate or licensed real estate agent of a party to a transaction for failure to disclose in a transaction: (1) that the subject real estate is or was occupied by an individual who was infected with a virus or another disease which has been determined by medical evidence as being highly unlikely to be transmitted through occupancy of a dwelling place either presently or previously occupied by the infected individual; (2) that the death of an occupant of a property has occurred or the manner of the death; (3) any off-site condition or hazard that does not directly impact the property being transferred; or (4) any psychological impact that has no material impact on the physical condition of the property being transferred. (B) Nothing in subsection (A) precludes an action against an owner of real estate or agent of the owner who makes intentional misrepresentations in response to direct inquiry from a buyer or prospective buyer with regard to psychological impacts, offsite conditions, or stigmas associated with the real estate. Effect of Amendment 2016 Act No. 170, SECTION 1, rewrote the section. 2024 Act No. 204, SECTION 3, deleted (C) to (I), which related to education standards, education providers, and instructors.
S.C. Code Ann. § 40-43-10 — SC Code / Title 40 / Chapter 43 / Section 40-43-10
SECTION 40-43-10. Short title; purpose of chapter; severability.
Status: in_force

This chapter may be cited as the "South Carolina Pharmacy Practice Act". The purpose of this chapter is to promote, preserve, and protect the public health, safety, and welfare by and through the effective control and regulation of the practice of pharmacy; the licensure of pharmacists; the licensure, permitting, control, and regulation of all sites or persons, in or out of this State, that distribute, manufacture, possess, or sell drugs or devices within this State, as may be used in the diagnosis, treatment, and prevention of injury, illness, and disease of a patient or other individual. The practice of pharmacy shall center around the provision of pharmacy care services and assisting the patient to achieve optimal therapeutic outcomes. If a provision of this chapter is declared unconstitutional or illegal, or the applicability of this chapter to a person, pharmacy, or circumstance is held invalid by a court of competent jurisdiction, the constitutionality or legality of the remaining provisions of this chapter and the application of this chapter to other persons, pharmacies, and circumstances are not affected and shall remain in full force and effect without the invalid provision or application.
S.C. Code Ann. § 40-82-5 — SC Code / Title 40 / Chapter 82 / Section 40-82-5
SECTION 40-82-5. Applicability and conflicts with Article 1, Chapter 1, Title 40.
Status: in_force

Unless otherwise provided for in this chapter, Article 1, Chapter 1 of Title 40 applies to the Liquid Petroleum Gas Board and licensees regulated under this chapter. If there is a conflict between this chapter and Article 1, Chapter 1 of Title 40, the provisions of this chapter control.
S.C. Code Ann. § 40-49-360 — SC Code / Title 40 / Chapter 49 / Article 3 / Section 40-49-360
SECTION 40-49-360. Provisions, rules, regulations, ordinances, and certificates exempted.
Status: in_force

Nothing in this article contained shall modify, restrict, impair or affect the provisions of Article 1 of this chapter or the validity and applicability of any rules or regulations relating to the construction of plumbing or sewerage promulgated by the county health board of any county in which this article is applicable or the validity and applicability of the ordinances of any municipality adopted under said Article 1 or of any rules and regulations promulgated thereunder or of any certificates issued thereunder.
S.C. Code Ann. § 40-43-30 — SC Code / Title 40 / Chapter 43 / Section 40-43-30
SECTION 40-43-30. Definitions.
Status: in_force

For purposes of this chapter: (1) "Administer" means the direct application of a drug or device pursuant to a lawful order of a practitioner to the body of a patient by injection, inhalation, ingestion, topical application, or any other means. (2) "Aseptic preparation" means the technique involving procedures designed to preclude contamination of drugs, packaging, equipment, or supplies by microorganisms during processing. (3) "Biological product" has the same meaning as defined in 42 U.S.C. Section 262. (4) "Board" or "Board of Pharmacy" means the State Board of Pharmacy. (5) "Brand name" means the proprietary or trade name placed upon a drug, its container, label, or wrapping at the time of packaging. (6) "Certified pharmacy technician" means an individual who is a registered pharmacy technician and who has completed the requirements provided for in Section 40-43-82(B). (7) "Chart order" means a lawful order from a practitioner for a drug or device for patients of a hospital or extended care facility, or such an order prepared by another person and signed by a practitioner either immediately or at another time, issued for a legitimate medical purpose within the practitioner's course of legitimate practice and including orders derived on behalf of a practitioner from a practitioner-approved drug therapy management. (8) "Compounding" (sterile and nonsterile) means the preparation, propagation, conversion, or processing of a drug or device, either directly or indirectly, by extraction from substances of natural origin or independently by means of chemical or biological synthesis, or the preparation, mixing, assembling, packaging, or labeling of a drug or device as the result of a practitioner's prescription drug order or initiative based on the practitioner/patient/pharmacist relationship in the course of professional practice, or for the purpose of, or as an incident to, research, teaching, or chemical analysis and not for sale or dispensing. Compounding also includes the preparation of drugs or devices in anticipation of prescription drug orders based on routine, regularly observed prescribing patterns. The term "nonsterile compounding" does not include mixing, reconstituting, or other such acts that are performed in accordance with directions contained in approved labeling provided by the product's manufacturer and other manufacturer directions consistent with that labeling. The term "sterile compounding" does not include mixing, reconstituting, or other such acts with nonhazardous agents that are performed in accordance with directions contained in approved labeling provided by the product's manufacturer for immediate use. (9) "Compounded sterile preparation" or "CSP" means a compounded biologic, diagnostic, drug, nutrient, or radiopharmaceutical that must be sterile when administered to a patient. Among other things, CSPs include: (a) aqueous bronchial and nasal inhalations; (b) baths and soaks for live organs and tissues; (c) injections, such as colloidal dispersions, emulsions, solutions, suspensions, among others; (d) irrigations for wounds and body cavities; (e) ophthalmic drops and ointments; and (f) tissue implants. (10) "Confidential information" means information maintained in a patient's records or which is communicated to a patient as part of patient counseling, which is privileged and may be released only to the patient, to those practitioners and pharmacists where, in the pharmacist's professional judgment, release is necessary to protect the patient's health and well-being, and to other persons or governmental agencies authorized by law to receive such confidential information. (11) "Deliver" or "delivery" means the actual, constructive, or attempted transfer of a drug or device from one person to another, whether or not for consideration. (12) "Designated agent" means a person employed by an authorized practitioner to transmit, either orally or electronically, a prescription drug order on behalf of the authorized practitioner to the pharmacist. The authorized practitioner accepts the responsibility for the correct transmission of the prescription drug order. (13) "Designated pharmacist" means an individual currently licensed by the Board of Pharmacy in this State who certifies internship training. (14) "Device" means an instrument, apparatus, implement, machine, contrivance, implant, or other similar or related article, including any component part or accessory, which is required under federal law to bear the label: "Caution: Federal law restricts this device for sale by or on the order of a ", the blank to be filled with the word physician, dentist, veterinarian, or with the descriptive designation of any other practitioner licensed by the law of the State in which he practices to use or order the use of the device; or "Federal law prohibits dispensing without prescription"; or any products deemed to be a public health threat after notice and public hearing as designated by the board. (15) "Dispense" means the transfer of possession of one or more doses of a drug or device by a licensed pharmacist or person permitted by law, to the ultimate consumer or his agent pursuant to a lawful order of a practitioner in a suitable container appropriately labeled for subsequent administration to, or use by, a patient. As an element of dispensing, the dispenser shall, before the actual physical transfer, interpret and assess the prescription order for potential adverse reactions or side effects, interactions, allergies, dosage, and regimen the dispenser considers appropriate in the exercise of his professional judgment, and the dispenser shall determine that the drug or device called for by the prescription is ready for dispensing. The dispenser shall also provide counseling on proper drug usage, either orally or in writing, as provided in this chapter. The actual sales transaction and delivery of a drug or device is not considered dispensing and the administration is not considered dispensing. (16) "Distribute" means the delivery of a drug or device other than by administering or dispensing. (17) "Drug" or "medicine" means: (a) articles recognized as drugs in an official compendium, or supplement to a compendium, including, but not limited to, USP/NF designated from time to time by the board for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans or other animals; (b) articles intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans or other animals; (c) articles, other than food, or nonprescription vitamins intended to affect the structure or a function of the human body or other animals; and (d) articles intended for use as a component of any articles specified in subitem (a), (b), or (c) of this subsection. (18) "Drug regimen review" includes, but is not limited to, the following activities: (a) evaluation of prescription drug orders and pharmacy patient records for: (i) known allergies; (ii) rational therapy-contraindications; (iii) reasonable dose and route of administration; and (iv) reasonable directions for use; (b) evaluation of prescription drug orders and pharmacy patient records for duplication of therapy. (c) evaluation of prescription drug orders and pharmacy patient records for interactions: (i) drug-drug; (ii) drug-food; (iii) drug-disease, if available; and (iv) adverse drug reactions; (d) evaluation of prescription drug orders and pharmacy patient records for proper utilization, including over-utilization or under-utilization, and optimum therapeutic outcomes. (19) "Drug therapy management" is that practice of pharmacy which involves the expertise of the pharmacist in a collaborative effort with the practitioner and other health care providers to ensure the highest quality health care services for patients. (20) "Enteral" means within or by way of the intestine. (21) "Equivalent drug product" means a drug product which has the same established name and active ingredients to meet the same compendia or other applicable standards, but which may differ in characteristics such as shape, scoring configuration, packaging, excipient (including colors, flavors, preservatives), and expiration time. Pharmacists may utilize as a basis for the determination of generic equivalency Approved Drug Products with Therapeutic Equivalence Evaluations and current supplements published by the Federal Food and Drug Administration, within the limitations stipulated in that publication. (22) "Expiration date" means the maximum time period that a manufactured, compounded, or repackaged product may be used based on specified storage requirements. (23) "Extern" means an individual currently enrolled in an approved college or school of pharmacy who is on required rotations for obtaining a degree in pharmacy. (24) "Generic names" means the official compendia names or United States Adopted Names (USAN). (25) "Hazardous drug" means a drug that has at least one of the following properties: carcinogenicity; teratogenicity or developmental toxicity; reproductive toxicity in humans; organ toxicity at low doses in humans or animals; genotoxicity; or new drugs that mimic existing hazardous drugs in structure or toxicity. (26) "Health care provider" includes a pharmacist who provides health care services within the pharmacist's scope of practice pursuant to state law and regulation. (27) "Institutional facility" means an organization whose primary purpose is to provide a physical environment for patients to obtain health care services and shall not include those places where physicians, dentists, veterinarians, or other practitioners, who are duly licensed, engage in private practice. (28) "Institutional pharmacy" means the physical portion of an institutional facility that is engaged in the compounding, dispensing, and distribution of drugs, devices, and other materials, hereinafter referred to as "drugs", used in the diagnosis and treatment of injury, illness, and disease and which is permitted by the State Board of Pharmacy. (29) "Institutional consultant pharmacist" means a pharmacist licensed in this State who acts as a consultant for institutional facilities. (30) "Interchangeable biological product" means a biological product that the federal Food and Drug Administration has: (a) licensed and determined to meet the standards of "interchangeability" pursuant to 42 U.S.C. Section 262(k)(4); or (b) determined to be therapeutically equivalent by the federal Food and Drug Administration. (31) "Intern" means an individual who is currently registered by certificate in this State to engage in the practice of pharmacy while under the personal supervision of a pharmacist and is satisfactorily progressing toward meeting the requirements for licensure as a pharmacist. (32) "Labeling" means the process of preparing and affixing a label which includes all information required by federal and state law to a drug container exclusive of the labeling by a manufacturer, packer, or distributor of a nonprescription drug or commercially packaged legend drug or device. (33) "Manufacturing" of products means the production, preparation, propagation, conversion, or processing of a drug or device, either directly or indirectly, by extraction from substances of natural origin or independently by means of chemical or biological synthesis, or from bulk chemicals, and includes any packaging or repackaging of the substances or labeling or relabeling of its container, if these actions are followed by the promotion and marketing of the drugs or devices for resale to pharmacies, practitioners, or other persons. (34) "Manufacturer" means a person engaged in the manufacture of prescription drugs or devices. (35) "Material safety data sheet" or "MSDS" means a resource that provides information concerning a chemical, including: (a) the identity, physical and chemical characteristics, physical and health hazards, primary routes of entry, and exposure limits of the chemical; (b) whether the chemical is a carcinogen; (c) precautions for safe handling and use of the chemical; (d) control measures; (e) emergency and first aid procedures; (f) the latter of the date the MSDS was prepared or last modified; and (g) the name, address, and telephone number of the manufacturer, importer, or employer who distributes the MSDS. (36) "Medical order" means a lawful order of a practitioner which may or may not include a prescription drug order. (37) "Nonprescription drug" means a drug which may be sold without a prescription and which is labeled for use by the consumer in accordance with the requirements of the laws of this State and the federal government. (38) "Nonresident pharmacy" means a pharmacy located outside this State. (39) "Outsourcing facility" means a facility registered with the United States Food and Drug Administration to operate under Section 503B of the federal Food and Cosmetic Act. (40) "Parenteral" means a sterile preparation of drugs for injection through one or more layers of the skin. (41) "Patient counseling" means the oral or written communication by the pharmacist to a patient or caregiver providing information on the proper use of drugs and devices. (42) "Permit consultant pharmacist" means a pharmacist licensed in this State who acts as a consultant for a permit holder other than a pharmacy or institution. (43) "Person" means an individual, sole-proprietorship, corporation, partnership, association, or any other legal entity including government. (44) "Pharmacy care" is the direct provision of drug therapy and other pharmacy patient care services through which pharmacists, in cooperation with the patient and other health care providers, design, implement, monitor, and manage therapeutic plans for the purpose of improving a patient's quality of life. Objectives include cure of disease, elimination or reduction of a patient's symptomatology, arresting or slowing a disease process, or prevention of a disease or symptomatology. The process includes three primary functions: (a) identifying potential and actual drug-related problems; (b) resolving actual drug-related problems; and (c) preventing potential drug-related problems. (45) "Pharmacist" means an individual health care provider licensed by this State to engage in the practice of pharmacy. A pharmacist is a learned professional authorized to provide patient care services within the scope of his knowledge and skills. (46) "Pharmacist-in-charge" means a pharmacist currently licensed in this State who accepts responsibility for the operation of a pharmacy in conformance with all laws pertinent to the practice of pharmacy and the distribution of drugs and who is in full and actual charge of the pharmacy and personnel. (47) "Pharmacy" means a location for which a pharmacy permit is required and in which prescription drugs and devices are maintained, compounded, and dispensed for patients by a pharmacist. This definition includes a location where pharmacy-related services are provided by a pharmacist. (48) "Pharmacy technician" means an individual other than an intern or extern, who assists in preparing, compounding, and dispensing medicines under the personal supervision of a licensed pharmacist and who is required to register as a pharmacy technician. (49) "Poison" means: (a) a drug, chemical, substance, or preparation which, according to standard works on medicine, materia medica, or toxicology, is liable to be destructive to adult human life in doses of sixty grains or less; or (b) a substance recognized by standard authorities on medicine, materia medica, or toxicology as poisonous; or (c) any other item enumerated in this chapter; or (d) a drug, chemical, substance, or preparation which is labeled "Poison". (50) "Practice of pharmacy" means the: (a) interpretation, evaluation, and dispensing of prescription drug orders in the patient's best interest; (b) participation in drug and device selection, drug administration, prospective drug reviews, and drug or drug-related research; (c) provision of patient counseling and the provision of those acts or services necessary to provide pharmacy care and drug therapy management; (d) responsibility for compounding and labeling of drugs and devices, (except labeling by a manufacturer, repackager, or distributor or nonprescription drugs and commercially packaged legend drugs and devices) proper and safe storage of drugs and devices and maintenance of proper records for them; (e) initiation, ordering, and administration of flu and COVID tests. Pharmacists may delegate the task of administering tests provided for in this subsection to a trained pharmacy technician or pharmacy intern, but the pharmacist must perform any interpretation of the results; (f) reporting of a person's flu or COVID test results and the referral of that patient for follow-up care to the health care provider identified by the patient or if none is identified, to an appropriate health care provider; or (g) the offering or performing of those acts, services, operations, or transactions necessary in the conduct, operation, education, management, and control of pharmacy. (51) "Practitioner" means a physician, dentist, optometrist, podiatrist, veterinarian, or other health care provider authorized by law to diagnose and prescribe drugs and devices. (52) "Preparation" means a drug or nutrient compounded in a licensed pharmacy or licensed health care facility. (53) "Prescription drug" or "legend drug" means: (a) a drug which, under federal law, is required, prior to being dispensed or delivered, to be labeled with any of the following statements: (i) "Caution: Federal law prohibits dispensing without prescription"; (ii) "Caution: Federal law restricts this drug to use by, or on the order of, a licensed veterinarian"; (iii) "Rx only"; or (b) a drug which is required by any applicable federal or state law to be dispensed pursuant only to a prescription drug order or is restricted to use by practitioners only; (c) any drug products or compounded preparations considered to be a public health threat, after notice and public hearing as designated by the board; or (d) any prescribed compounded prescription is a prescription drug within the meaning of this act. (54) "Prescription drug order" means a lawful order from a practitioner for a drug or device for a specific patient, issued for a legitimate medical purpose within the prescriber's course of legitimate practice and including orders derived from collaborative pharmacy practice. (55) "Product" means a commercially manufactured drug or nutrient that has been evaluated for safety and efficacy by the FDA. A product is accompanied by FDA-approved manufacturer labeling or a product package insert. (56) "Prospective drug use review" means a review of the patient's drug therapy and prescription drug order before dispensing the drug as part of a drug regimen review. (57) "Pyrogen" means a substance or agent that tends to cause a rise in body temperature or fever. (58) "Revocation" means the cancellation or withdrawal of a license, permit, or other authorization issued by the board either permanently or for a period specified by the board before the person shall be eligible to apply anew. A person whose license, permit, or other authorization has been permanently revoked by the board shall never again be eligible for a license or permit of any kind from the board. (59) "Therapeutically equivalent" means a drug product with the same efficacy and toxicity when administered to an individual as the originally prescribed drug as provided for in Section 39-24-40. (60) "Wholesale distributor" means a person engaged in wholesale distribution of prescription drugs or devices including, but not limited to, manufacturers; repackagers; own-label distributors; private-label distributors; jobbers; brokers; warehouses including manufacturers' and distributors' warehouses, chain drug warehouses, and wholesale drug warehouses; independent wholesale drug traders; and retail pharmacies that conduct wholesale distributions. Wholesale distributor does not include: (a) intracompany sales, being defined as a transaction or transfer between a division, subsidiary, parent, or affiliated or related company under the common ownership and control of a corporate entity; (b) the purchase or other acquisition by a hospital or other health care entity that is a member of a group-purchasing organization of a drug for its own use from the group-purchasing organization or from other hospitals or health care entities that are members of such organizations; (c) the sale, purchase, or trade of a drug or an offer to sell, purchase, or trade a drug by a charitable organization described in section 501(c)(3) of the Internal Revenue Code of 1986 to a nonprofit affiliate of the organization to the extent otherwise permitted by law; (d) the sale, purchase, or trade of a drug or an offer to sell, purchase, or trade a drug among hospitals or other health care entities that are under common control. For purposes of this section, "common control" means the power to direct or cause the direction of the management and policies of a person or an organization, whether by ownership of stock, voting rights, by contract, or otherwise; (e) the sale, purchase, or trade of a drug or an offer to sell, purchase, or trade a drug for emergency medical reasons. For purposes of this section, "emergency medical reasons" includes the transfer of legend drugs by a licensed pharmacy to another licensed pharmacy or a practitioner licensed to possess prescription drugs to alleviate a temporary shortage, except that the gross dollar value of the transfers may not exceed five percent of the total legend drug sales revenue of either the transferor or the transferee pharmacy during a consecutive twelve-month period; (f) the sale, purchase, or trade of a drug, an offer to sell, purchase, or trade a drug, or the dispensing of a drug pursuant to a prescription; or (g) the sale, purchase, or trade of blood and blood components intended for transfusion. (61) "Direct supervision" means a pharmacist is readily and immediately available to the person who they are supervising during all professional activities. Code Commissioner's Note At the direction of the Code Commissioner, the definitions of "Biological Product" and "Interchangeable biological product", which were inadvertently deleted by 2018 Act No. 143, SECTION 1, were reinstated. At the direction of the Code Commissioner, the amendments of this section made by 2024 Act No. 132 and 2024 Act No. 221 were read together. Subsection (60), added by 2024 Act No. 221, SECTION 2, was redesignated as subsection (61). Editor's Note 2024 Act No. 132, SECTION 7, provides as follows: "SECTION 7. The Board of Pharmacy must promulgate regulations for outsourcing facilities as defined in Section 40-43-30. The board must: "(1) develop these regulations based on a review of available compendia literature, medical or scientific literature, and/or practical experience in the art of compounding; and "(2) promulgate these regulations within eighteen months after the effective date of this act." Effect of Amendment 2017 Act No. 11, SECTION 4, added (2), definition of "Biological product"; added (28), definition of "Interchangeable biological product"; redesignated the paragraphs accordingly; and made other nonsubstantive changes. 2018 Act No. 143, SECTION 1, rewrote the section. 2024 Act No. 132, SECTION 1, rewrote the section, removing several definitions. 2024 Act No. 132, SECTION 5, inserted (39), relating to the definition of "Outsourcing facility". 2024 Act No. 221, SECTION 1, rewrote (50). 2024 Act No. 221, SECTION 2, added (61).
S.C. Code Ann. § 40-79-190 — SC Code / Title 40 / Chapter 79 / Section 40-79-190
SECTION 40-79-190. Investigations may be confidential and communications privileged.
Status: in_force

In addition to Section 40-1-190, investigations and proceedings conducted under the provisions of this chapter may be, in the board's discretion, confidential and all communications may be privileged against disclosure in appropriate situations, as determined by the board.
S.C. Code Ann. § 40-61-30 — SC Code / Title 40 / Chapter 61 / Section 40-61-30
SECTION 40-61-30. Qualification of board members; board meetings; register of applications for certification; allowances to board members.
Status: in_force

The members of the board shall qualify by taking an oath of office before a notary public or other officer authorized to administer oaths in this State. The board shall meet at least once each year and at such other times as its bylaws provide. A quorum for the meetings consists of four members. At its initial meeting the board shall elect from its membership a chairman, a vice-chairman, and a secretary to serve for one-year terms. The board may adopt bylaws and rules of procedure necessary to perform its duties. If a board member is disqualified and his absence results in the lack of a quorum or an adequate number of members to perform official functions, the Governor may deputize an individual to replace him during the period of disqualification. The deputized individual shall take the same oath as required of other members of the board. The board shall have a seal and the impression thereof must be attached to all official documents issued by it. The board shall keep a record of its proceedings and a register of all applications for certificates of registration which shows: (a) The name, age, and residence of each applicant. (b) His educational and other qualifications. (c) Whether an examination was required. (d) Whether the applicant was rejected. (e) Whether a certificate of registration was granted. (f) The date of the action of the board. (g) Other information as may be deemed necessary by the board. The records of the board are prima facie evidence of the proceedings of the board set forth therein and a transcript thereof, duly certified by the secretary under seal, is admissible in evidence with the same force and effect as if the original were produced. Each member may be allowed the usual mileage, per diem, and subsistence as provided by law for members of state boards, committees, and commissions for each day actually engaged in the duties of his office, including a reasonable number of days for the preparation and reviewing of examinations in addition to the time actually spent in conducting examinations.
S.C. Code Ann. § 40-53-150 — SC Code / Title 40 / Chapter 53 / Section 40-53-150
SECTION 40-53-150. Licensee required to give notice of change of business location.
Status: in_force

Notice in writing shall be given to the Division by the licensed examiner of any change of principal business location within thirty days of the time he changes the location. A change of business location without notification to the Division shall automatically suspend the license theretofore issued.
S.C. Code Ann. § 40-18-60 — SC Code / Title 40 / Chapter 18 / Section 40-18-60
SECTION 40-18-60. Proprietary security business license; applications; qualifications of licensee; display of license; renewal; inspection of employment records; exemptions.
Status: in_force

(A) An employer who uses a person who is armed, uniformed, or has been delegated arrest authority for work on the employer's premises in connection with the affairs of the employer must make application to SLED for a proprietary security business license and pay an annual license fee, set by SLED regulation. (1) If the applicant is an association or corporation, then the chief executive officer of the association or corporation must be the applicant or must designate in writing the corporate officer or principal who is the applicant. (2) If the applicant is a partnership, then all partners must complete an application form. (3) If the applicant is a public school district, then the district board of trustees must designate in writing that the superintendent is the applicant. If the applicant is a charter school authorized by the South Carolina Public Charter School District or an approved public or independent institution of higher learning, the authorizer must designate in writing that the superintendent of the authorizer of the charter school is the applicant. SLED shall develop standards and guidelines applicable to the provisions of private security in schools. SLED shall only approve those school districts or charter schools who have demonstrated that the applicant and all employees intended to be used in this capacity have the requisite training, background, and experience to successfully and safely provide private security and exercise law enforcement authority in a school setting and can operate in a manner that ensures public safety. (4) The application for license must be made, under oath, on a form approved by SLED. The application must state the applicant's full name, age, date and place of birth, current residence address, residence addresses for the past ten years, employment for the past ten years, including names and addresses of employers, the applicant's current occupation with the name and address of the current employer, the date and place of any arrests, any convictions for violations of federal or state laws, and any additional information as SLED may require. Each applicant must submit with the application one complete set of the applicant's fingerprints on forms specified and furnished by SLED and one color photograph of the applicant's full face, without head covering, taken within six months of the application. (B) SLED may grant a license to a person who: (1) is at least twenty-one years of age; (2) has a high school diploma or equivalent; (3) is a citizen of the United States; (4) has not been convicted of a felony or crime involving moral turpitude; (5) is of good moral character; (6) has not been discharged from military service with other than an honorable discharge; (7) does not unlawfully use drugs; (8) does not use alcohol to such a degree as to affect adversely his ability to perform competently the duties of a security company licensee, has not been adjudicated an incapacitated person without being restored to legal competency, and who has no physical or mental impairment which would prevent him from competently performing the duties of a security company licensee; (9) has satisfied SLED that the applicant and company are financially responsible; (10) has satisfied SLED that the person or company has or will have a competent, certified training officer and an adequate training program with a curriculum approved by SLED, or that adequate training will be obtained from another approved source; and (11) has met other qualifications SLED may establish by regulation. (C) SLED must grant a license to the applicant to employ security officers upon satisfaction of the competency and integrity of an applicant, or, if the applicant is an officer of an association, partnership, or corporation, upon satisfaction of the competency and integrity of the officers and principals. (D) Immediately upon receipt of a license, the licensee must post and at all times display the license in a conspicuous location at his place of business and at each location where security personnel are posted. (E) Issuance of the license authorizes the licensee to post persons performing the duties of security officers at each location of company property owned by the licensee. The licensee must immediately notify SLED of the address of each site where security officers are assigned and where assignments are discontinued. (F) Licensure is for one year and application for renewal must be on a form approved by SLED. (G) A licensee who is arrested must report the custodial arrest to SLED within seventy-two hours of the arrest. (H) Licensees must make employment records available for inspection during normal business hours. The Chief of SLED or his designee may conduct inspections as necessary to ensure compliance with this chapter and SLED regulations. (I) A person is exempt from the provisions of this section if he receives compensation for private employment on an individual, independent contractor basis as a patrolman, guard, or watchman and if he has full-time employment as a law enforcement officer with a state, county, or municipal law enforcement agency. For this exemption to be valid, the person must not be employed by another law enforcement officer. (J) A person is exempt from the provisions of this section if: (1) the person is employed solely as a nonuniformed, unarmed fire watchman, gatekeeper, or security officer; (2) the person is without delegated or assigned arrest authority; and (3) the employer is not a private investigation or security business. Effect of Amendment 2025 Act No. 36, SECTION 2, added (A)(3) and made nonsubstantive and conforming changes.
S.C. Code Ann. § 40-49-240 — SC Code / Title 40 / Chapter 49 / Article 3 / Section 40-49-240
SECTION 40-49-240. Printing copies of rules and regulations; notice of availability.
Status: in_force

Whenever rules and regulations shall have been provided and prescribed hereunder, the governing body providing and prescribing them shall forthwith cause to be printed a sufficient number of copies thereof to furnish a copy to anyone applying therefor and shall cause to be published in a newspaper of general circulation in the county notice stating in substance that such rules and regulations have been provided and prescribed and giving the place at which copies thereof may be obtained.
S.C. Code Ann. § 40-57-930 — SC Code / Title 40 / Chapter 57 / Article 9 / Section 40-57-930
SECTION 40-57-930. Renewal of licenses.
Status: in_force

(A) Providers and instructors shall renew their licenses with the commission biennially. The commission may audit providers offering distance education courses to ensure the certification from ARELLO, IDECC, or other national certifying entities as approved by the commission, is maintained. Failure to maintain certification will result in withdrawal of commission approval. (B) As a condition of renewal, instructors shall attend instructor development workshops sponsored by the commission or provide evidence of equivalent hours of continuing education that increases their knowledge of the subject content in their area of expertise of their teaching techniques.
S.C. Code Ann. § 40-67-120 — SC Code / Title 40 / Chapter 67 / Article 1 / Section 40-67-120
SECTION 40-67-120. Imposition of fine.
Status: in_force

Upon a determination by the board that one or more of the grounds for discipline of a licensee exists, as provided for in Sections 40-67-110 or 40-1-110, the board, in addition to the actions provided for in Section 40-1-120, may impose a fine of not more than one thousand dollars.
S.C. Code Ann. § 40-69-10 — SC Code / Title 40 / Chapter 69 / Article 1 / Section 40-69-10
SECTION 40-69-10. State Board of Veterinary Medical Examiners; membership and qualifications; removal.
Status: in_force

(A) There is created the State Board of Veterinary Medical Examiners to be composed of ten members, one of whom must be a consumer member from the State at large, one of whom must be a licensed veterinary technician practicing in this State, one of whom must be a veterinarian from the State at large, and seven of whom must be veterinarians representing each of the seven congressional districts. Each veterinarian and veterinary technician must be a resident of the State, licensed by the State, and currently practicing with at least five years of clinical experience. Each veterinarian representing a congressional district must reside in the district that he represents. The consumer member must be a resident of this State. The terms of the members are for six years and until their successors are appointed and qualify. The chairman may vote only in the case of a tie vote by the board. (B) The veterinarian at large, the veterinary technician, and the consumer member must be appointed by the Governor. The board shall conduct an election to nominate two veterinarians from each congressional district. The election must provide for participation by all veterinarians currently licensed and residing in the respective nominating district. The South Carolina Veterinary Technician Association shall submit up to two names to the Governor as recommendations for the veterinary technician member. The Governor shall also consider nominations from any other individual, group, or association. The names of the nominees must be forwarded to the Governor by the board and the Governor may appoint one of the nominees as the member; however, the Governor may reject any or all of the nominees upon satisfactory showing of the unfitness of those rejected. If the Governor declines to appoint any of the nominees submitted, additional nominees must be submitted in the same manner. All appointments by the Governor must be made with the advice and consent of the Senate. Vacancies must be filled in the manner of the original appointment for the unexpired portion of the term. (C) The Governor may remove a member of the board based on grounds provided for in Section 1-3-240. No member may be removed without first giving the member an opportunity to refute the charges filed against that member, and the member must be given a copy of the charges at the time they are filed. (D) If a board member is disqualified and the member's absence results in the lack of a quorum or an adequate number of members to perform official functions, the Governor may appoint an individual to replace the member during the period of disqualification. This individual shall meet the same qualifications as the member being replaced and shall take the same oath as required of other members of the board. Editor's Note Prior Laws:Civ. C. '22 SECTION 2473; 1920 (31) 905; 1932 Code SECTION 5252; 1942 Code SECTION 5252; 1952 Code SECTION 56-1553; 1962 Code SECTION 56-1553; 1974 (58) 2769; 1981 Act No. 174, SECTIONS 2, 3; 1984 Act No. 457; 1987 Act No. 133, SECTION 2; 1994 Act No. 306, SECTION 1; 1976 Code SECTION 40-69-30. 2012 Act No. 279, SECTION 33, provides as follows: "Due to the congressional redistricting, any person elected or appointed to serve, or serving, as a member of any board, commission, or committee to represent a congressional district, whose residency is transferred to another district by a change in the composition of the district, may serve, or continue to serve, the term of office for which he was elected or appointed; however, the appointing or electing authority shall appoint or elect an additional member on that board, commission, or committee from the district which loses a resident member as a result of the transfer to serve until the term of the transferred member expires. When a vacancy occurs in the district to which a member has been transferred, the vacancy must not be filled until the full term of the transferred member expires. Further, the inability to hold an election or to make an appointment due to judicial review of the congressional districts does not constitute a vacancy." Effect of Amendment The 2012 amendment in subsection (A), substituted "ten members" for "nine members", "seven of whom" for "six of whom", and "seven congressional districts" for "six congressional districts"; and made other nonsubstantive changes.
S.C. Code Ann. § 40-61-140 — SC Code / Title 40 / Chapter 61 / Section 40-61-140
SECTION 40-61-140. Persons entitled to certificate without examination.
Status: in_force

The board must issue a certificate of registration without examination of any person who on June 30, 1983, was a registered sanitarian duly registered with the South Carolina Board of Examiners for Registered Sanitarians. The board must also issue a certificate of registration to any individual who is working in environmental health and control programs in the State on the effective date of this chapter who is not a registered environmental sanitarian who makes application to the board and takes the examination prior to July 1, 1985.
S.C. Code Ann. § 40-10-165 — SC Code / Title 40 / Chapter 10 / Section 40-10-165
SECTION 40-10-165. Licensing of former licensee who left State with unpaid debts.
Status: in_force

Notwithstanding any other provision of law, a person who is or has been licensed pursuant to this chapter who leaves this State with unpaid debts and subsequently returns to the State and seeks to become licensed in this State again, or to do business again in this State under the authority of a still-valid license previously issued under this chapter, shall file with the board a signed, notarized statement listing: (1) all outstanding debts the person, or any subsidiary of the person, owes with respect to having done business previously in this State; and (2) all bankruptcies that the person, or a subsidiary of the person, has been involved in at any time and place. The board is authorized to refuse to issue a license to the person, and is also authorized to revoke the person's still-valid license, as the case may be, based upon the information contained in the signed notarized statement required by this section.
S.C. Code Ann. § 40-45-570 — SC Code / Title 40 / Chapter 45 / Article 3 / Section 40-45-570
SECTION 40-45-570. Establishment of the Physical Therapy Compact Commission.
Status: in_force

(A) The compact member states hereby create and establish a joint public agency known as the Physical Therapy Compact Commission. (1) The commission is an instrumentality of the compact states. (2) Venue is proper and judicial proceedings by or against the commission must be brought solely and exclusively in a court of competent jurisdiction where the principal office of the commission is located. The commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings. (3) Nothing in this compact may be construed to be a waiver of sovereign immunity. (B) Membership, voting, and meetings: (1) each member state shall have and be limited to one delegate selected by that member state's licensing board; (2) the delegate must be a current member of the licensing board, who is a physical therapist, physical therapist assistant, public member, or the board administrator; (3) any delegate may be removed or suspended from office as provided by the law of the state from which the delegate is appointed; (4) the member state board shall fill any vacancy occurring in the commission; (5) each delegate must be entitled to one vote with regard to the promulgation of rules and creation of bylaws and shall otherwise have an opportunity to participate in the business and affairs of the commission; (6) a delegate shall vote in person or by other means as provided in the bylaws, which may provide for delegates' participation in meetings by telephone or other means of communication; (7) the commission shall meet at least once during each calendar year, and additional meetings must be held as set forth in the bylaws. (C) The commission shall have the following powers and duties: (1) establish the fiscal year of the commission; (2) establish bylaws; (3) maintain its financial records in accordance with the bylaws; (4) meet and take such actions as are consistent with the provisions of this compact and the bylaws; (5) promulgate uniform rules to facilitate and coordinate implementation and administration of this compact; (6) bring and prosecute legal proceedings or actions in the name of the commission, provided that the standing of any state physical therapy licensing board to sue or be sued under applicable law must not be affected; (7) purchase and maintain insurance and bonds; (8) borrow, accept, or contract for services of personnel, including, but not limited to, employees of a member state; (9) hire employees, elect or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of the compact, and to establish the commission's personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters; (10) accept any and all appropriate donations and grants of money, equipment, supplies, materials and services, and to receive, utilize and dispose of the same; provided that at all times the commission shall avoid any appearance of impropriety and/or conflict of interest; (11) lease, purchase, accept appropriate gifts or donations of, or otherwise to own, hold, improve or use, any property, real, personal, or mixed; provided that at all times the commission shall avoid any appearance of impropriety; (12) sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property, real, personal, or mixed; (13) establish a budget and make expenditures; (14) borrow money; (15) appoint committees, including standing committees composed of members, state regulators, state legislators or their representatives, and consumer representatives, and such other interested persons as may be designated in this compact and the bylaws; (16) provide and receive information from, and cooperate with, law enforcement agencies; (17) establish and elect an executive board; and (18) perform such other functions as may be necessary or appropriate to achieve the purposes of this compact consistent with the state regulation of physical therapy licensure and practice. (D) The executive board shall have the power to act on behalf of the commission according to the terms of this compact. (1) The executive board must be composed of nine members: (a) seven voting members who are elected by the commission from the current membership of the commission; (b) one ex officio, nonvoting member from the recognized national physical therapy professional association; and (c) one ex officio, nonvoting member from the recognized membership organization of the physical therapy licensing boards. (2) The ex officio members will be selected by their respective organizations. (3) The commission may remove any member of the executive board as provided in bylaws. (4) The executive board shall meet at least annually. (5) The executive board shall have the following duties and responsibilities: (a) recommend to the entire commission changes to the rules or bylaws, changes to this compact legislation, fees paid by compact member states such as annual dues, and any commission compact fee charged to licensees for the compact privilege; (b) ensure compact administration services are appropriately provided, contractual or otherwise; (c) prepare and recommend the budget; (d) maintain financial records on behalf of the commission; (e) monitor compact compliance of member states and provide compliance reports to the commission; (f) establish additional committees as necessary; and (g) other duties as provided in rules or bylaws. (E) Meetings of the commission: (1) All meetings must be open to the public, and public notice of meetings must be given in the same manner as required under the rulemaking provisions in Section 40-45-590. (2) The commission or the executive board or other committees of the commission may convene in a closed, nonpublic meeting if the commission or executive board or other committees of the commission must discuss: (a) noncompliance of a member state with its obligations under the compact; (b) the employment, compensation, discipline or other matters, practices or procedures related to specific employees or other matters related to the commission's internal personnel practices and procedures; (c) current, threatened, or reasonably anticipated litigation; (d) negotiation of contracts for the purchase, lease, or sale of goods, services, or real estate; (e) accusing any person of a crime or formally censuring any person; (f) disclosure of trade secrets or commercial or financial information that is privileged or confidential; (g) disclosure of information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy; (h) disclosure of investigative records compiled for law enforcement purposes; (i) disclosure of information related to any investigative reports prepared by or on behalf of or for use of the commission or other committee charged with responsibility of investigation or determination of compliance issues pursuant to the compact; or (j) matters specifically exempted from disclosure by federal or member state statute. (3) If a meeting, or portion of a meeting, is closed pursuant to this provision, the commission's legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exempting provision. (4) The commission shall keep minutes that fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefore, including a description of the views expressed. All documents considered in connection with an action must be identified in such minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release by a majority vote of the commission or order of a court of competent jurisdiction. (F) Financing of the commission: (1) The commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization, and ongoing activities. (2) The commission may accept any and all appropriate revenue sources, donations, and grants of money, equipment, supplies, materials, and services. (3) The commission may levy on and collect an annual assessment from each member state or impose fees on other parties to cover the cost of the operations and activities of the commission and its staff, which must be in a total amount sufficient to cover its annual budget as approved each year for which revenue is not provided by other sources. The aggregate annual assessment amount must be allocated based upon a formula to be determined by the commission, which shall promulgate a rule binding upon all member states. (4) The commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same, nor shall the commission pledge the credit of any of the member states, except by and with the authority of the member state. (5) The commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the commission must be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the commission must be audited yearly by a certified or licensed public accountant, and the report of the audit must be included in and become part of the annual report of the commission. (G) Qualified immunity, defense, and indemnification: (1) The members, officers, executive director, employees and representatives of the commission must be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error, or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities; provided that nothing in this item must be construed to protect any such person from suit or liability for any damage, loss, injury, or liability caused by the intentional or wilful or wanton misconduct of that person. (2) The commission shall defend any member, officer, executive director, employee, or representative of the commission in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred within the scope of commission employment, duties, or responsibilities, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities; provided that nothing herein may be construed to prohibit that person from retaining his or her own counsel; and provided further, that the actual or alleged act, error, or omission did not result from that person's intentional or wilful or wanton misconduct. (3) The commission shall indemnify and hold harmless any member, officer, executive director, employee, or representative of the commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error, or omission that occurred within the scope of commission employment, duties, or responsibilities, or that such person had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from the intentional or wilful or wanton misconduct of that person.
S.C. Code Ann. § 40-2-190 — SC Code / Title 40 / Chapter 2 / Article 1 / Section 40-2-190
SECTION 40-2-190. Disclosure of information communicated by client; ownership of statements, records, and working papers created by licensee; copies of client records and other documents.
Status: in_force

(A) Except by permission of the client for whom a licensee performs services or the heirs, successors, or personal representatives of a client, or through the terms of a contract between the client and a licensee, a licensee under this chapter must not voluntarily disclose information communicated by the client relating to and in connection with services rendered. This information is confidential. However, nothing in this chapter may be construed to prohibit the disclosure of information requiring disclosure by the standards of the public accounting profession in reporting on the examination of financial statements or to prohibit disclosures in court proceedings, investigations or proceedings under this chapter, in ethical investigations conducted by private professional organizations, in the course of peer reviews, in performing services for that client on a need to know basis by other active persons of the organization, or in the business of persons in the entity needing this information for the sole purpose of assuring quality control. (B) Subject to the provisions of this section, CPA-prepared records and CPA work papers created by a licensee or on behalf of a registrant, incident to, or in the course of, rendering services to a client, except the reports submitted by the licensee to the client and except for CPA work product, are and remain the property of the licensee in the absence of an expressed agreement between the licensee and the client to the contrary. No statement, record, schedule, working paper, or memorandum may be sold, transferred, or bequeathed, without the consent of the client or the client's personal representative or assignee, to anyone other than one or more surviving partners, stockholders, members or new partners, new stockholders, or new members of the registrant, or any combined or merged firm or successor in interest to the licensee or named successor in the event of the death of the licensee. Nothing in this section may be construed to prohibit temporary transfer of work papers or other material necessary in the course of carrying out peer reviews or as otherwise interfering with the disclosure of information pursuant to this section. (C) A licensee shall furnish to a client or former client, upon request and reasonable notice, the following documents with respect to the client or former client: (1) any client records; and (2) a copy of the licensee's CPA-prepared records or CPA work product, except that such information may be withheld if fees are due to the licensee for the CPA work product, if the work is incomplete, if providing the CPA work product violates professional standards, or if threatened litigation or outstanding litigation exists concerning the engagement or the work performed. (D) The licensee may make and retain copies of any client records. (E) With regard to CPA-prepared records: (1) the licensee may charge the client a fee for the time and expense incurred to retrieve and copy CPA-prepared records and require that the client pay the fee before the licensee provides the records to the client; and (2) the licensee is not required to convert records that are not in an electronic format to an electronic format. If the client requests records that are already electronic records, then the client's request should be honored. In addition, the licensee is not required to provide the client with formulas, unless the formulas support the client's underlying accounting or other records or unless the licensee was engaged to provide such formulas as a part of its CPA work product. (F) A licensee's CPA work papers shall be the licensee's property, and the licensee is not required to provide such information to a client. However, state and federal statutes and regulations and contractual agreements may impose additional requirements on the licensee. (G) Nothing in this section requires a licensee to keep copies of client records, CPA-prepared records, CPA work product, or CPA work papers beyond the period prescribed in any other applicable law. Effect of Amendment 2022 Act No. 174, SECTION 1, rewrote the section.
S.C. Code Ann. § 40-15-145 — SC Code / Title 40 / Chapter 15 / Article 1 / Section 40-15-145
SECTION 40-15-145. Continuing education for dentists on the prescription of Schedule II, III, and IV controlled substances.
Status: in_force

As part of the biennial continuing education required by the board or pursuant to law, including Regulation 39-5, South Carolina Code of State Regulations, a dentist authorized pursuant to state and federal law to prescribe controlled substances shall complete at least two hours of continuing education every two years related to approved procedures of prescribing and monitoring controlled substances listed in Schedules II, III, and IV of the schedules provided for in Sections 44-53-210, 44-53-230, and 44-53-250.
S.C. Code Ann. § 40-38-380 — SC Code / Title 40 / Chapter 38 / Section 40-38-380
SECTION 40-38-380. Immunity.
Status: in_force

No member of the board, its committees, special examiners, agents, and employees may be held liable for acts performed in the course of official duties except where actual malice is shown.
S.C. Code Ann. § 40-47-41 — SC Code / Title 40 / Chapter 47 / Article 1 / Section 40-47-41
SECTION 40-47-41. License renewal; notification of change of address or adverse disciplinary action in another jurisdiction.
Status: in_force

(A) A license issued pursuant to this chapter may be renewed biennially or as otherwise provided by the board and department. A person who has not demonstrated continuing medical competence, as required by this chapter, is not eligible for issuance or renewal of an active license. (B) A licensee shall complete the renewal form and submit the form to the board with the renewal fee. Upon receipt of the application and the fee, the department shall verify the accuracy of the application and renew the license for the applicable period. If a licensee fails to timely renew the license, the license is deemed lapsed at the close of the renewal period, and the licensee may not practice in this State until the licensee is reinstated to practice. The board may reinstate the licensee on payment of a reinstatement fee, the current renewal fee, and demonstration of continued competency satisfactory to the board. The board may deny reinstatement or take other action based on evidence of misconduct. (C) A licensee shall notify the board in writing within fifteen business days of any change of residential address, office address, or office telephone number. (D) A licensee shall notify the board within thirty days of any adverse disciplinary action by another United States or foreign licensing jurisdiction, a peer review group, a health care institution, a professional or medical society or association, a governmental agency, a law enforcement agency, including arrest, or a court, including indictment. Confidential information received from a licensee or other sources must continue to be maintained as confidential, except to the extent necessary for the proper disposition of the matter. Notification is not required in the case of: (1) a nondisciplinary resignation by the licensee from a health care facility; however, a resignation occurring after an incident or occurrence which could result in the revocation or suspension of or other limitation upon the licensee's privileges must be reported; (2) a minor disciplinary action regarding the licensee's privileges in a health care facility when the action taken does not involve the revocation or suspension of or other limitation upon the licensee's privileges to practice there; (3) a disciplinary action resulting from the licensee's failure to meet recordkeeping standards in a health care institution; (4) a disciplinary action resulting from the licensee's failure to attend meetings of a health care institution; or (5) other disciplinary actions as defined by the board in regulation.
S.C. Code Ann. § 40-6-260 — SC Code / Title 40 / Chapter 6 / Section 40-6-260
SECTION 40-6-260. List of licensees.
Status: in_force

The commission shall publish at least once a year a list of names and addresses of all persons and firms holding valid apprentice auctioneer, auctioneer, or firm licenses.
S.C. Code Ann. § 40-37-320 — SC Code / Title 40 / Chapter 37 / Section 40-37-320
SECTION 40-37-320. Publicizing office hours; mobile units; promulgation of regulations pertaining to optometry offices.
Status: in_force

(A) An optometrist shall post in a conspicuous place the office hours that he or she will maintain. Office hours are those hours in which a licensed optometrist is actually present on the premises; however, this section does not prevent the office from being open for the purpose of accepting appointments or payments or performing other duties that by law do not require the presence of a licensed optometrist. Advertisements or any other public announcement of office hours must specify those hours in which a licensed optometrist is present on the premises. (B)(1) Mobile units may be used either by a licensed optometrist, optometric practice, or organization using a licensed optometrist to operate the mobile optometric unit if the operator obtains a permit for the mobile unit from the board and complies with the other provisions of this subsection. A mobile unit must be limited to visiting and providing services: (a) to licensed health care facilities within this State; or (b) on the site of a Title 1 public school to the students attending the school or during the summer at a site of an organization serving children from low-income communities if approved by the local community foundation serving the region, provided the services must be rendered as part of a not-for-profit program. (2) In order to operate a mobile unit in this State, the operator shall submit a permit application and fee in the form and manner set forth by the board. (3)(a) A mobile unit permit only may be issued following an inspection of the mobile unit by an authorized representative of the board. Upon the completion of a satisfactory inspection, the board shall issue the applicant a mobile unit permit. The applicant must affix the permit in a prominent and conspicuous place within the mobile unit. (b) A mobile unit permit issued under this subsection annually must be renewed upon the payment of a renewal fee and satisfactorily undergoing an annual inspection. (c) In addition to the annual inspection, a mobile unit authorized to operate under this subsection is subject to periodic unannounced inspections by an authorized representative of the board. If the mobile unit is a not-for-profit organization operating at a Title 1 school, the periodic unannounced inspection must be conducted after school hours. (4)(a) The mobile unit shall maintain and furnish to the board both an official business address of record, which may not be a post office box, and an official telephone number of record. A mailing address, if different than the business address and used on an official basis, also must be provided to the board. (b) The board must be notified within thirty days of any change in the address or telephone number of record. (c) All written or printed documents available from or issued by a mobile unit must contain an official address and telephone number of record for the mobile unit. (d) All records must be maintained and available for inspection and copying upon request by the board, subject to HIPPA and FERPA privacy protections. (5) The operator in charge of each mobile unit, in addition to the other requirements of this subsection, shall ensure that: (a) all services provided in the mobile unit follow all statutes, regulations, and board policies that regulate the practice of optometry in this State; (b) written procedures are implemented for emergency or follow-up care for patients treated in the mobile unit, including making prior arrangements, as may be appropriate, for emergency or follow-up treatment in an optometric unit located in the geographic area where services are being provided; (c) the mobile unit complies with all applicable federal, state, and local laws, regulations, and ordinances dealing with flammability, construction, sanitation, zoning, infectious waste management, universal precautions, occupational safety, access by persons with disabilities, and federal Centers for Disease Control guidelines; (d) the operator possesses all applicable county and city licenses or permits, including business licenses, to operate the unit at the location where services are being provided; (e) the mobile unit is at all times fitted with working carbon monoxide detection devices; (f) no services are performed on minors without consent of their parent or guardian; and (g) during or at the conclusion of each patient's visit to the mobile unit, the patient is provided with an information sheet, and if the patient or their parent or guardian has provided consent to an institutional facility to assist in the patient's health records, the institutional facility is provided with a copy of the information sheet. An institutional facility includes, but is not limited to, a long-term care facility or school, and an information sheet must include the following: (i) pertinent contact information as provided by this subsection; (ii) the name of the optometrist, optician, and other staff who provided services and their license numbers, if applicable; (iii) a description of the treatment rendered; (iv) a description of any optometric needs diagnosed during the optometrist's examination; and (v) a recommendation that the patient see another optometrist if the mobile unit is unable to provide the follow-up treatment described in subsubitem (iv). (6) A mobile unit that accepts a patient and provides preventive treatment, including a screening, eye examination, or prescription for corrective lenses, but does not follow up with treatment or a referral for treatment when such treatment is clearly indicated, is considered to have abandoned the patient. Appropriate arrangements must be made for treatment services within the patient's geographic area on a follow-up basis. Reasonable attempts to have follow-up treatment when a patient does not reappear for treatment or does not meet a scheduled appointment is not considered abandonment. (7) In addition to the other requirements of this subsection, every mobile unit must have: (a) written procedures and necessary equipment to provide services provided to disabled persons; and (b) access to an adequate supply of potable water, including hot water either at the mobile unit or available at locations served by the mobile unit. (8)(a) All examinations conducted as part of the operation of a mobile unit must be performed by an optometrist who is licensed to practice optometry in this State. All glasses fitted and dispensed as part of the operation of a mobile unit must be fitted and dispensed by an optician licensed in this State. (b) The operator of the mobile unit shall identify and advise the board in writing within thirty days of any personnel change relative to all licensed optometrists associated with the mobile unit by providing the full name, address, telephone numbers, and license numbers where applicable. (c) The operator shall advise the board in writing within thirty days of any change in the written procedure for emergency follow-up care for patients treated in the mobile unit. (d) An optometrist providing services in the mobile unit prominently shall display his license to practice in this State in plain view of patients. (9)(a) An operator of a mobile unit shall maintain a confidential written or electronic record detailing each location where services are provided, including: (i) the street address of the service location; (ii) the dates and times of each session; and (iii) the number of patients served. (b) All confidential written or electronic records required to be maintained by this chapter or applicable regulations shall be made available to the board within ten days of a request by the board, subject to HIPPA and FERPA privacy protections. Costs for such records must be covered by the mobile unit operator. (10) Optometric services provided on a mobile unit must be in the charge of an optometrist licensed to practice optometry in this State at all times. (11)(a) Upon cessation of operation by the mobile unit, the operator shall notify the board in writing within thirty days of the last day of operations of the final disposition of patient records and charts. (b) Upon choosing to discontinue a practice or services in a community, the operator of a mobile unit shall: (i) notify all of the operator's active patients in writing that the operator intends to discontinue the mobile unit's practice in the community; (ii) encourage the patients to seek the services of another optometrist; and (iii) make reasonable arrangements with all active patients for the transfer of the patient's records to the patient or a succeeding practitioner. (c) As used in this subsection, "active patient" refers to a person who the mobile unit has examined, treated, cared for, or otherwise consulted with during the two-year period prior to discontinuation of practice, or moving from or leaving the community. (12) The board shall adopt rules and regulations regarding the registration, administration, and operation of mobile units as may be necessary to carry out the provisions of this subsection, and may amend, modify, and repeal any rules and regulations from time to time. Failure to comply with any statutes, regulations, or board policies governing the practice of optometry and the operation of a mobile unit may subject the mobile unit and any optometrists providing services through the mobile unit to disciplinary action by the board, including suspension or revocation of the optometrist's license or revocation of the mobile unit permit. However, a licensed optometrist providing services through a mobile unit shall not be subject to disciplinary action on the sole basis that the licensed optometrist has prescribed eyeglasses without dilating the patient's eyes where the following provisions are satisfied: (a) the operator of the mobile unit is a not-for-profit organization providing services at a Title 1 public school or during the summer at a site of an organization serving children from low-income communities if approved by the local community foundation serving the region; and (b) the optometrist practicing in the mobile unit shall: (i) provide an appropriate eye examination prior to diagnosing, treating, and/or prescribing eyeglasses to the patient; (ii) when providing an appropriate eye examination pursuant to this subsection that does not necessarily require dilation of the eyes, employ technology sufficient to accurately study the health of the eye in order to prescribe eyeglasses to the patient, provided that the prescription for eyeglasses is not based solely on the refractive eye error of the human eye or is generated by a kiosk; (iii) not prescribe eyeglasses to the patient and provide a referral to another licensed optometrist or ophthalmologist for follow-up care, if the eye examination reveals to the optometrist that a more comprehensive examination is necessary prior to prescribing eyeglasses. Any licensed optometrist performing a comprehensive eye examination of a patient referred under this subsection shall conduct a comprehensive eye exam, including dilation of the eyes; and (iv) if a patient is referred to the optometrist or ophthalmologist with a prescription issued by another licensed optometrist or physician that has conducted a comprehensive eye examination of the patient, provide eyeglasses to the referred patient according to the prescription issued by the referring licensed optometrist or ophthalmologist. (C) Notwithstanding the provisions of subsection (A), the board may promulgate regulations regarding optometrists' offices so as to provide for: (1) adequate and appropriate office facilities for the practice of optometry; (2) the proper handling of patient records; and (3) appropriate sanitation for office facilities. Effect of Amendment 2022 Act No. 165, SECTION 2, rewrote (B). 2024 Act No. 140, SECTION 2, in (B), in (1)(b) and (12)(a), inserted "or during the summer at a site of an organization serving children from low-income communities if approved by the local community foundation serving the region".
S.C. Code Ann. § 40-47-965 — SC Code / Title 40 / Chapter 47 / Article 7 / Section 40-47-965
SECTION 40-47-965. Requirements for writing prescriptions for drugs, controlled substances, and medical devices.
Status: in_force

(A) If the written scope of practice guidelines authorizes the PA to prescribe drug therapy: (1) prescriptions for authorized drugs and devices shall comply with all applicable state and federal laws; (2) prescriptions must be limited to drugs and devices authorized by the supervising physician and set forth in the written scope of practice guidelines; (3) prescriptions must be signed or electronically submitted by the PA and must bear the PA's identification number as assigned by the board and all prescribing numbers required by law. The preprinted prescription form shall include both the PA's and physician's name, address, and phone number, and, if possible, the physician through the electronic system, and shall comply with the provisions of Section 39-24-40; (4) drugs or devices prescribed must be specifically documented in the patient record; (5) the PA may request, receive, and sign for professional samples of drugs authorized in the written scope of practice guidelines and may distribute professional samples to patients in compliance with appropriate federal and state regulations and the written scope of practice guidelines; (6) the PA may authorize prescriptions for an orally administered Schedule II controlled substance, as defined in the federal Controlled Substances Act, pursuant to the following requirements: (a) the authorization to prescribe is expressly approved by the supervising physician as set forth in the PA's written scope of practice guidelines; (b) the PA has directly evaluated the patient, provided, however, that a PA may authorize a prescription if the PA is assigned to take calls for the supervising physician or alternate supervising physician treating the patient; (c) the authority to prescribe a Schedule II narcotic controlled substance is limited to an initial prescription not to exceed a five-day supply; (d) any subsequent prescription authorization for a Schedule II narcotic controlled substance after the initial prescription must be in consultation with and approved by the supervising physician, and such approval must be documented in the patient's chart; and (e) any prescription for continuing drug therapy must include consultation with the supervising physician and must be documented in the patient's chart; (7) the PA may authorize a medical order for parenteral administration of a Schedule II controlled substance, as defined in the federal Controlled Substances Act, pursuant to the following requirements: (a) the authorization to write a medical order is expressly approved by the supervising physician as set forth in the PA's written scope of practice guidelines; (b) the PA is providing patient care in a hospital setting, including emergency and outpatient departments affiliated with the hospital; (c) an initial patient examination and evaluation has been performed by the supervising physician, or his delegate physician, and has been documented in the patient's chart; however, in a hospital emergency department, a PA may authorize such a medical order if the supervising or delegate physician is unavailable due to clinical demands, but remains on the premises and is immediately available, and the supervising or delegate physician conducts the patient evaluation as soon as practicable and is documented in the patient's chart; (d) the PA has directly evaluated the patient, provided, however, that the PA may authorize a medical order if the PA is assigned to take call for the supervising physician or alternate supervising physician treating the patient; and (e) the written medical order may not exceed a one-time administration within a twenty-four hour period without the approval of the supervising physician or alternate supervising physician, and such approval must be documented in the patient's chart. (B) When applying for controlled substance prescriptive authority, the applicant shall comply with the following requirements: (1) the PA shall provide evidence of education in pharmacotherapeutics as determined by the board before application; (2) every two years, the PA shall provide documentation of four continuing education hours related to approved procedures of prescribing and monitoring controlled substances listed in Schedules II, III, and IV of the schedules provided for in Sections 44-53-210, 44-53-230, and 44-53-250; and (3) the PA must have a valid Drug Enforcement Administration (DEA) registration and prescribe in accordance with DEA rules. (C) A PA's prescriptive authorization may be terminated by the board if the PA: (1) practices outside the written scope of practice guidelines; (2) violates any state or federal law or regulation applicable to prescriptions; or (3) violates a state or federal law applicable to PAs. Effect of Amendment The 2013 amendment, in subsection (A)(5), deleted ", except for controlled substances in Schedule II," before "and may distribute professional samples"; added subsections (A)(6), (A)(7), and (B)(4); and redesignated former subsection (B)(4) as (B)(5). 2017 Act No. 91, SECTION 7, amended (B)(3), relating to adding requirements addressing the prescription and monitoring of certain controlled substances. 2019 Act No. 32, SECTION 2, rewrote the section.
S.C. Code Ann. § 40-47-170 — SC Code / Title 40 / Chapter 47 / Article 1 / Section 40-47-170
SECTION 40-47-170. Costs.
Status: in_force

A person found in violation of this chapter or regulations promulgated pursuant to this chapter may be required to pay costs associated with the investigation and prosecution of the case, including appeals, in accordance with Section 40-1-170.
S.C. Code Ann. § 40-77-140 — SC Code / Title 40 / Chapter 77 / Section 40-77-140
SECTION 40-77-140. Denial of license; prior criminal record.
Status: in_force

A license may be denied based on a person's prior criminal record as provided for in Section 40-1-140.
S.C. Code Ann. § 40-19-240 — SC Code / Title 40 / Chapter 19 / Section 40-19-240
SECTION 40-19-240. Apprentices; application; certificate; periodic reporting; eligibility for licensure; sponsor limitations.
Status: in_force

(A) A person desiring to become an apprentice funeral director or embalmer shall apply to the board on forms provided by the board. The applicant must be at least eighteen years of age, shall take the oath contained on the application form, and shall submit a fee established by the board in regulation. If the board is satisfied as to the qualifications of an applicant, the board shall issue a certificate of apprenticeship. If an apprentice wishes to engage in an apprenticeship with a person licensed as a funeral director or embalmer, a request must be submitted to the board. If permission is granted and the apprentice leaves the apprenticeship of the licensee in whose service the apprentice has been engaged, the licensee shall give the apprentice an affidavit showing the length of time served. The affidavit must be filed with the board. If the apprentice subsequently desires to continue the apprenticeship, the apprentice must apply to the board as provided for in this subsection. (B) A certificate of apprenticeship must be signed by the apprentice, the licensee, and the manager of the establishment in which the apprenticeship is to be served and is renewable twenty-four months after registration for twelve months, by payment of a renewal fee established by the board in regulation. A certificate may not be renewed more than three times. The registration of an apprentice who is actually engaged in the military service may be held in abeyance for the duration of service, and the apprentice may be relieved of the payment of renewal fees and penalties. (C) An apprentice quarterly shall report to the board on forms provided by the board indicating the work which has been completed during the preceding three months. The report must be certified by the licensee under whom the apprentice has served. (D) Before an apprentice is eligible to receive a license for the practice of funeral service, evidence required by this chapter must be submitted to the board showing that the apprentice has completed successfully the educational requirements set forth in Section 40-19-230. Affidavits also must be submitted from the licensees under whom the apprentice worked showing that as an apprentice embalmer the apprentice has assisted in the embalming of at least fifty bodies or that as an apprentice funeral director the apprentice has assisted in conducting at least fifty funerals, during apprenticeship. Eligibility for licensure is determined by the board based upon the reports filed with the board pursuant to subsection (C). (E) Only two apprentices at a time are permitted to register under any one person licensed as a funeral director or embalmer. Each sponsor for a registered apprentice must be actively connected with a funeral establishment. Editor's Note Prior Laws:1955 (49) 550; 1962 Code SECTION 56-660; 1983 Act No. 146, SECTION 1; 1976 Code SECTION 40-19-120.
S.C. Code Ann. § 40-10-41 — SC Code / Title 40 / Chapter 10 / Section 40-10-41
SECTION 40-10-41. Licensing requirements.
Status: in_force

(A) A person, firm, association, partnership, corporation, or other legal entity desiring to engage in work as a fire sprinkler contractor within this State shall submit an application to the department. The owner, partners, or president, the primary qualifying party, and all other qualifying parties must sign the application stating that the information contained in the application is true. (B) To qualify for a license, the applicant shall: (1) submit a completed application on a form approved by the department; (2) employ a primary qualifying party holding a current NICET Level III or IV Technician Certification in 'Fire Protection Engineering Technology Automatic Sprinkler System Layout'; (3) submit an affidavit stating that the applicant's proposed primary qualifying party is a full-time employee in a responsible management or supervisory position who has a current NICET Level III or IV Technician Certification in "Fire Protection Engineering Technology Automatic Sprinkler System Layout" or submit a notarized copy of the applicant's primary qualifying party's NICET Level III or IV Certification in "Fire Protection Engineering Technology Automatic Sprinkler System Layout" along with a government issued ID card containing his photograph; and (4) submit all fees. (C) Each fire sprinkler contractor's main office or branch office must be separately licensed and have a primary qualifying party assigned exclusively to that location. The name of the branch office must be the same name that appears on the licensee's license. (D) No license or certificate may be assigned to another individual or entity or branch office. (E) Any change that varies from the applicant's original application must be reported to the department within fifteen days from the date of the change. (F) All licenses may be on a biennial or other basis upon board approval.
S.C. Code Ann. § 40-71-10 — SC Code / Title 40 / Chapter 71 / Section 40-71-10
SECTION 40-71-10. Members of certain professional committees exempt from tort liability.
Status: in_force

(A) "Professional society" as used in this chapter includes legal, medical, osteopathic, optometric, chiropractic, psychological, dental, accounting, pharmaceutic, and engineering organizations having as members at least a majority of the eligible licentiates in the area served by the particular society and any foundations composed of members of these societies. It also includes the South Carolina Law Enforcement Accreditation Council. (B) There is no monetary liability on the part of, and no cause of action for damages arising against, a member of an appointed committee which is formed to maintain professional standards of a state or local professional society as defined in this section or a committee appointed by the Office of Mental Health, or a committee appointed by the Department of Health and Environmental Control to review patient medical and health records in order to study the causes of death and disease for any act or proceeding undertaken or performed within the scope of the functions of the committee if the committee member acts without malice, has made a reasonable effort to obtain the facts relating to the matter under consideration, and acts in the belief that the action taken by him is warranted by the facts known to him. (C) No person acting pursuant to subsection (B) shall be subject to any monetary liability or cause of action for damages for any action for restraint of trade, violation of the South Carolina Unfair Trade Practices Act, or other action predicated upon unfair or illegal competition unless such person acted with malice. (D) The provisions of this section do not affect the official immunity of an officer or employee of a public corporation. 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. Editor's Note 2005 Act No. 32, SECTION 7(B), provides as follows: "(B) Upon approval by the Governor, this act takes effect July 1, 2005, for causes of action arising after July 1, 2005, except that as of this act's effective date, the State Treasurer shall relinquish the management of funds in the Patients' Compensation Fund, created pursuant to Section 38-79-420, to the Board of Governors of the fund, and premiums paid on or after this act's effective date must be deposited with the Board of Governors of the fund. The fund must be fully transferred to the Board of Governors, and the State Treasurer may not hold any deposits of the fund as of ninety days after this act's effective date." 2012 Act No. 275, SECTION 3, provides as follows: "This act take effect upon approval by the Governor and applies to any investigative action undertaken as provided herein where the underlying event giving rise to the investigation occurs on or after the effective date." Effect of Amendment The 2012 amendment substituted "a committee appointed by the Department of Mental Health, or" for "an appointed member of a committee of a medical staff of a licensed hospital, provided the medical staff operates pursuant to written bylaws that have been approved by the governing board of the hospital, or" in subsection (B).
S.C. Code Ann. § 40-22-150 — SC Code / Title 40 / Chapter 22 / Section 40-22-150
SECTION 40-22-150. Voluntary surrender of license.
Status: in_force

A licensee under investigation for a violation of this chapter or a regulation promulgated under this chapter may voluntarily surrender the license to practice in accordance with and subject to the provisions of Section 40-1-150.
S.C. Code Ann. § 40-60-34 — SC Code / Title 40 / Chapter 60 / Article 1 / Section 40-60-34
SECTION 40-60-34. Identification numbers; requirements relating to apprentice appraiser and appraiser supervising apprentice; temporary permits for appraisers licensed in another state; retaining copies of appraisals; issuance of license following revocation.
Status: in_force

(A) The board shall prescribe the form of a license and certificate containing an identification number that the appraiser shall use when signing appraisal reports. When an appraiser advertises or executes contracts or other instruments, the appraiser's name, appraiser classification, and number assigned by the board must be printed or typed adjacent to the appraiser's signature. (B) The apprentice appraiser performing appraisal work or seeking to establish experience for a state-licensed or state-certified designation shall: (1) perform appraisal assignments only under the direct supervision of a state-certified appraiser; (2) maintain, jointly with the supervising appraiser, a log containing the following for each assignment: (a) type of property; (b) date of report; (c) address of appraised property; (d) description of work performed by the apprentice and scope of review and supervision of the supervising appraiser; (e) number of actual work hours by the apprentice on the assignment; and (f) signature and state certification number of the supervising appraiser with a separate appraisal log maintained for each supervising appraiser, if applicable; (3) sign or be given credit in all appraisal reports for which the apprentice acts as an appraiser; (4) maintain or have access to complete copies of all appraisals. (C) The apprentice appraiser performing mass appraisal work seeking to establish credit for a licensed or certified mass appraiser designation shall: (1) perform appraisal assignments only under the direct supervision of a state-certified residential or state-certified general real estate appraiser, mass or otherwise; (2) maintain a log on a form provided by the board. (D) The supervisory appraiser supervising an apprentice appraiser shall: (1) personally review appraisal reports prepared by the apprentice and sign and certify the report as being independently and impartially prepared in compliance with the National USPAP and applicable statutory requirements; (2) provide a copy or access to final appraisal documents to any participating apprentice; (3) directly supervise no more than three apprentice appraisers at any one given time, unless board approval is received to supervise more than three apprentices subject to required progress monitoring as approved by the board; (4) be certified for a minimum of three years and not subject to any disciplinary action within the immediately preceding three years that affects the supervisory appraiser's legal eligibility to engage in appraisal practice; and (5) successfully complete a trainee/supervisor course conducted in compliance with Appraiser Qualifications Board requirements. (E) The supervisory appraiser supervising an apprentice appraiser performing mass appraisal work shall personally review and approve all work performed by the apprentice to ensure that the work is prepared in compliance with the National USPAP and applicable statutory requirements. (F) The board may issue to an appraiser who is licensed or certified in another state a temporary permit, which is only effective for one specific appraisal assignment. If the appraisal is not completed within six months from the date of the permit, the board may grant an extension upon request from the appraiser prior to the expiration of the current temporary permit. The appraiser shall place the following notation on all statements of qualification, contracts, or other instruments: "Practicing in the State of South Carolina under Temporary Permit No.". (G) Licenses and certifications issued by the board expire biennially on June thirtieth. As a condition of renewal, an appraiser shall provide evidence satisfactory to the board of having met the continuing education requirements established by this chapter. An apprentice appraiser may maintain his license for five years before applying for an upgrade, provided continuing education requirements are satisfied biennially at renewal. (H) Licenses and certifications not renewed by date of expiration are no longer valid but may be reinstated within twelve months after expiration upon proper application, payment of renewal fee, a late penalty, as established in the fee schedule, and proof of having met continuing education requirements as prescribed. (I) A license or certification that has expired and has not been reinstated by the last day of the twelfth month following expiration must be canceled. Such a canceled license or certification may be considered for reinstatement as provided by the board in regulation. (J) A license or certification may be placed on inactive status by informing the board in writing and must be renewed in the same manner as provided for active renewal. An expired or lapsed apprentice appraiser licensee can reapply for licensure if initial qualifying courses have been completed within five years of the application date. (K) An appraiser must retain the work file for a period of at least five years after preparation or at least two years after the final disposition of any judicial proceeding in which the appraiser provided testimony related to the assignment, whichever period expires last. The work file must include the original or exact copy of each appraisal report prepared or signed by the appraiser and all supporting data assembled and formulated by the appraiser in preparing each appraisal report. The five-year period for retention of records is applicable to each engagement of the services of the appraiser and commences on the date of delivery of each appraisal report to the client. (L) An appraiser who has had a license or certification revoked by the board may not be issued a new license or certification within two years after the date of the revocation or at any time thereafter except upon an affirmative vote of a majority of the board. Editor's Note Prior Laws:2000 Act No. 335, SECTION 1; 1976 Code SECTION 40-60-110. Effect of Amendment 2014 Act No. 180, SECTION 4, rewrote subsection (B); in subsections (C), (E), (G), substituted "apprentice appraiser" for "appraiser apprentice"; rewrote subsection (D); and made other nonsubstantive changes. 2016 Act No. 243, SECTION 4, amended (I) and (L), revising requirements concerning expired and revoked licenses, certifications, and permits. 2024 Act No. 196, SECTION 6, rewrote the section.
S.C. Code Ann. § 40-28-200 — SC Code / Title 40 / Chapter 28 / Section 40-28-200
SECTION 40-28-200. Department may institute civil action for injunctive relief, fine.
Status: in_force

The department, in addition to instituting a criminal proceeding, may institute a civil action through the Administrative Law Court, in the name of the State, for injunctive relief against a person violating this chapter or a regulation promulgated under this chapter. For a violation the administrative law judge may impose a fine of no more than ten thousand dollars.
S.C. Code Ann. § 40-47-730 — SC Code / Title 40 / Chapter 47 / Article 6 / Section 40-47-730
SECTION 40-47-730. Licenses to perform auricular therapy; qualifications; temporary licenses.
Status: in_force

(A) An applicant for a license to perform auricular therapy: (1) must be twenty-one years of age; (2) shall submit a completed application as prescribed by the medical board; (3) shall submit fees as provided for in Section 40-47-800; (4) shall provide evidence of certification as having been trained to utilize auricular points only, in addition to those utilized by a detoxification specialist; (5) successful completion of a national certified program approved by the Acupuncture Advisory Committee and the State Board of Medical Examiners; (6) successful completion of a Clean Needle Technique course approved by the board. (B) The application must be complete in every detail before it may be approved. When the administrative staff of the board has reviewed the entire application for completeness and correctness, has found the applicant eligible, and the applicant has appeared before the committee or a designated board member, a temporary license may be issued. At the next committee meeting the entire application must be considered, and if qualified, the committee may recommend to the board that a permanent license be issued, if the committee declines to recommend issuance of a permanent license, the committee may extend or withdraw the temporary license.
S.C. Code Ann. § 40-33-25 — SC Code / Title 40 / Chapter 33 / Article 1 / Section 40-33-25
SECTION 40-33-25. Criminal records checks; dishonored check as evidence of act of moral turpitude.
Status: in_force

(A) In addition to other requirements established by law and for the purpose of determining an applicant's eligibility for licensure to practice nursing, the department may require a state criminal records check, supported by fingerprints, by the South Carolina Law Enforcement Division, and a national criminal records check, supported by fingerprints, by the Federal Bureau of Investigation. The results of these criminal records checks must be reported to the department. The South Carolina Law Enforcement Division is authorized to retain the fingerprints for certification purposes and for notification of the department regarding criminal charges. Costs of conducting a criminal history background check must be borne by the applicant. The department shall keep information received pursuant to this section confidential, except that information relied upon in denying licensure may be disclosed as may be necessary to support the administrative action. (B) In an investigation or disciplinary proceeding concerning a licensee, the department may require a state criminal records check, supported by fingerprints, by the South Carolina Law Enforcement Division, and a national criminal records check, supported by fingerprints, by the Federal Bureau of Investigation. The results of these criminal records checks must be reported to the department. The South Carolina Law Enforcement Division is authorized to retain the fingerprints for certification purposes and for notification of the department regarding criminal charges. Costs of conducting a criminal history background check must be borne by the department and may be recovered as administrative costs associated with an investigation or hearing pursuant to this chapter unless ordered by the board as a cost in a disciplinary proceeding. The department shall keep information received pursuant to this section confidential, except that information relied upon in an administrative action may be disclosed as may be necessary to support the administrative action. (C) Notwithstanding any other provision of this section or any other provision of law, the dismissal of a prosecution of a fraudulent intent in drawing a dishonored check case by reason of want of prosecution or proof of payment of restitution and administrative costs must not be used as evidence of an act of moral turpitude for disciplinary purposes or for the purposes of disqualifying a person seeking licensure or renewal of licensure pursuant to this chapter.
S.C. Code Ann. § 40-59-570 — SC Code / Title 40 / Chapter 59 / Article 3 / Section 40-59-570
SECTION 40-59-570. "Advertisement" defined.
Status: in_force

"Advertisement" means any form of public notice, however disseminated. An advertisement by a licensed home inspector shall include the name, business name, address, and license number of the licensee. The use of any false, misleading, unfair, or deceptive practice in any advertisement is grounds for disciplinary action as provided for under this chapter. Editor's Note Prior Laws:1995 Act No. 124, SECTION 3; 1976 Code SECTION 40-59-257.
S.C. Code Ann. § 40-61-40 — SC Code / Title 40 / Chapter 61 / Section 40-61-40
SECTION 40-61-40. Powers of board in connection with investigations and proceedings; desist orders and injunctions.
Status: in_force

For the purpose of any investigation or proceeding under this chapter, the board or any person designated by it may administer oaths and affirmations, subpoena witnesses, take evidence, and require the production of any documents or records which the board considers relevant to the inquiry. In the case of contumacy by, or refusal to obey a subpoena issued to any person, an administrative law judge as provided under Article 5 of Chapter 23 of Title 1, upon application of the board may issue an order requiring the person to appear before the board or the person designated by it and produce documentary evidence and to give other evidence concerning the matter under inquiry. Whenever the board has reason to believe that any person is violating or intends to violate any provision of this chapter, it may, in addition to all other remedies, order the person to immediately desist and refrain from such conduct. The board may apply to an administrative law judge as provided under Article 5 of Chapter 23 of Title 1 for an injunction restraining the person from such conduct. An administrative law judge may issue ex parte a temporary injunction not to exceed ten days and upon notice and full hearing may issue any other order in the matter it deems proper. No bond is required of the board by an administrative law judge as a condition to the issuance of any injunction or order contemplated by the provisions of this section.
S.C. Code Ann. § 40-57-240 — SC Code / Title 40 / Chapter 57 / Article 1 / Section 40-57-240
SECTION 40-57-240. Applicability of chapter.
Status: in_force

This chapter does not apply to: (1) the sale, lease, or rental of real estate by an unlicensed owner of real estate who owns any interest in the real estate if the interest being sold, leased, or rented is identical to the owner's legal interest; (2) an attorney at law acting within the scope of his duties involved in the legal representation of a client/owner; (3) agencies and instrumentalities of the state or federal government and their employees acting within the scope of their official duties; (4) foresters registered under Chapter 27, Title 48, if the sale of any land is merely incidental to the sale of timber on the land; or (5) court-appointed receivers and trustees while acting within the scope of their appointment. Effect of Amendment 2016 Act No. 170, SECTION 1, in (2), substituted "a client/owner" for "his client/owner", and in (4) added "or" at the end. 2024 Act No. 204, SECTION 3, reenacted the section with no apparent changes.
S.C. Code Ann. § 40-75-950 — SC Code / Title 40 / Chapter 75 / Article 6 / Section 40-75-950
SECTION 40-75-950. Obtaining a new home-state license based on a privilege to practice.
Status: in_force

(A) A licensed professional counselor may hold a home-state license, which allows for a privilege to practice in other member states, in only one member state at a time. (B) If a licensed professional counselor changes primary state of residence by moving between two member states: (1) The licensed professional counselor shall file an application for obtaining a new home-state license based on a privilege to practice, pay all applicable fees, and notify the current and new home state in accordance with applicable rules adopted by the commission. (2) Upon receipt of an application for obtaining a new home-state license by virtue of a privilege to practice, the new home state shall verify that the licensed professional counselor meets the pertinent criteria outlined in Section 40-75-940 via the data system, without need for primary source verification except for: (a) a Federal Bureau of Investigation fingerprint-based criminal background check if not previously performed or updated pursuant to applicable rules adopted by the commission in accordance with Public Law 92-544; (b) other criminal background check as required by the new home state; and (c) completion of any requisite jurisprudence requirements of the new home state. (3) The former home-state shall convert the former home-state license into a privilege to practice once the new home state has activated the new home-state license in accordance with applicable rules adopted by the commission. (4) Notwithstanding any other provision of this compact, if the licensed professional counselor cannot meet the criteria in Section 40-75-940, the new home state may apply its requirements for issuing a new single-state license. (5) The licensed professional counselor shall pay all applicable fees to the new home state in order to be issued a new home-state license. (C) If a licensed professional counselor changes primary state of residence by moving from a member state to a nonmember state, or from a nonmember state to a member state, the state criteria shall apply for issuance of a single-state license in the new state. (D) Nothing in this compact shall interfere with a licensee's ability to hold a single-state license in multiple states, however for the purposes of this compact, a licensee shall have only one home state license. (E) Nothing in this compact shall affect the requirements established by a member state for the issuance of a single-state license.
S.C. Code Ann. § 40-37-190 — SC Code / Title 40 / Chapter 37 / Section 40-37-190
SECTION 40-37-190. Confidentiality.
Status: in_force

Investigations and proceedings conducted under the provisions of this chapter are confidential and all communications are privileged as provided for in Chapter 1 of Title 40.
S.C. Code Ann. § 40-38-350 — SC Code / Title 40 / Chapter 38 / Section 40-38-350
SECTION 40-38-350. Display of certificate of licensure; effect of failure to display certificate.
Status: in_force

(A) A person to whom a certificate of licensure is granted under this chapter shall display it in a conspicuous place in the person's principal office or place of business or employment. A separate certificate of licensure as a contact lens optician granted by the board also must be displayed by an optician eligible to dispense contact lenses. (B) A person who fails, neglects, or refuses to display the certificate of licensure is deemed to have forfeited the certificate, and it may not be restored except upon the payment of a reinstatement fee of twenty-five dollars. Editor's Note Prior Laws:1982 Act No. 396, SECTION 1; 1976 Code SECTIONS 40-38-160, 40-38-170.
S.C. Code Ann. § 40-75-190 — SC Code / Title 40 / Chapter 75 / Article 1 / Section 40-75-190
SECTION 40-75-190. Confidentiality of client communications; exceptions.
Status: in_force

(A) No person licensed under this chapter, and no person's employees or associates, shall disclose any information which he or she may have acquired during the course of treatment, except as required or permitted by applicable state law, federal law, or both, including, but not limited to, compliance with Sections 19-11-95, 43-35-25, 44-29-70, and 63-7-310. (B) All communications between clients and their licensed professional counselor, marriage and family therapist, or addiction counselor are considered privileged as provided in Section 19-11-95, protecting confidences between patients of mental illness or emotional condition and licensees under this chapter, and as provided in Section 19-11-100, providing limited protection for persons engaged in the gathering of information for journalistic or literary purposes. Additionally, a licensed professional counselor, a licensed marital and family therapist, or addiction counselor must maintain privileged communications and patient confidentiality as required of psycho-therapists. All records of treatments maintained by a licensed professional counselor, marriage and family therapist, or an addiction counselor are confidential and must not be disclosed except under the circumstances provided for in this subsection. (C) A person licensed under this chapter must comply with all applicable state and federal confidentiality laws related to alcohol or drug treatment records. Effect of Amendment 2018 Act No. 249, SECTION 8, rewrote the section, providing for the inclusion of addiction counselors and revising exceptions.
S.C. Code Ann. § 40-47-630 — SC Code / Title 40 / Chapter 47 / Article 5 / Section 40-47-630
SECTION 40-47-630. Grounds for disciplinary action; recommendations of committee as to disciplinary action; appeal.
Status: in_force

(A) The committee may recommend to the board that it revoke, suspend, issue a public or private reprimand, or impose any other reasonable limitation or practice where the unprofessional, unethical, or illegal conduct of the respiratory care practitioner is likely to endanger the health, welfare, or safety of the public. This conduct includes a license: (1) using any false, fraudulent, or forged statement or engaging in any fraudulent, deceitful, or dishonest act in connection with any of the certifying requirements; (2) having an addiction to alcohol or drugs to such a degree as to render the licensee unfit to practice respiratory care; (3) having been convicted of the illegal or unauthorized practice of respiratory care; (4) knowingly performing an act which in any way assists an unlicensed person to practice respiratory care; (5) having sustained any physical or mental disability which renders further practice by the licensee dangerous to the public; (6) having violated the code of ethics or regulations as adopted by the committee and the board; (7) guilty of engaging in any dishonorable, unethical, or unprofessional conduct that is likely to deceive or harm the public; (8) guilty of the use of any false or fraudulent statement in any document connected with the practice of respiratory care; (9) having intentionally violated or attempted to violate, directly or indirectly, or assisting in or abetting the violation or conspiring to violate any provisions of this article; (10) guilty of the commission of any act, during the course of practice conducted pursuant to a license issued under this article, that constitutes fraud, dishonest dealing, illegality, incompetence, or gross negligence. (B) The suspension, revocation, reprimand, or imposition of probationary conditions upon a respiratory care practitioner may be recommended by the committee to the board after a hearing is conducted in accordance with the Administrative Procedures Act. A transcribed record of the hearing must be made. (C) A respiratory care practitioner aggrieved by a decision of the committee or board under this section may appeal the decision to an administrative law judge as provided under Article 5 of Chapter 23 of Title 1 on the record made before the committee or board.
S.C. Code Ann. § 40-85-160 — SC Code / Title 40 / Chapter 85 / Section 40-85-160
SECTION 40-85-160. Voluntary surrender of license by licensee under investigation.
Status: in_force

A licensee under investigation for a violation of this chapter or a regulation promulgated under this chapter may voluntarily surrender the license in accordance with Section 40-1-150.
S.C. Code Ann. § 40-36-10 — SC Code / Title 40 / Chapter 36 / Article 1 / Section 40-36-10
SECTION 40-36-10. Board of Occupational Therapy; creation and purpose; membership.
Status: in_force

(A) There is created the South Carolina Board of Occupational Therapy under the administration of the Department of Labor, Licensing and Regulation. The purpose of this board is to protect the public through the regulation of professionals who identify, assess, and provide treatment for individuals threatened by developmental deficits, the aging process, poverty and cultural differences, physical injury or illness, or psychological or social disability, through the administration and enforcement of this chapter and regulations promulgated under this chapter. (B) The board consists of seven members to be appointed by the Governor with the advice and consent of the Senate. Five members must be occupational therapists with a minimum of three years' experience; one member must be an occupational therapy assistant with a minimum of one year's experience; and one member must be a lay member. All of the therapists and therapy assistant members must hold active and valid licenses in this State. Nominations for appointment to the board may be made to the Governor by an individual, group, or association. From a list of all licensed occupational therapists and occupational therapy assistants, the South Carolina Occupational Therapy Association may submit recommendations to the Governor of at least two names for each vacancy on the board to be filled by these licensees. Members shall serve terms of three years and until their successors are appointed and qualify. Vacancies must be filled in the manner of the original appointment for the unexpired portion of the term. The Governor may remove a member of the board as provided for in Section 1-3-240.
S.C. Code Ann. § 40-63-540 — SC Code / Title 40 / Chapter 63 / Article 3 / Section 40-63-540
SECTION 40-63-540. Eligibility for licensure.
Status: in_force

(A) To be eligible for an interstate compact license under the terms and provisions of the compact, a regulated social worker, regardless of category must: (1) hold an active, unencumbered license in the home state; (2) have an active United States social security number, qualifying national exam number, or an identifier as determined by the commission; (3) pay any applicable fees, including any state fee, for the interstate compact license; (4) meet any continuing competence requirements established by the home state; (5) notify the home state of any adverse action, encumbrance, or restriction on any professional license taken by any member state or nonmember state within thirty days from the date the action is taken; and (6) abide by the laws, regulations, and scope of practice in the member state where the client is located at the time care is rendered. (B) A regulated social worker who is a clinical category social worker must meet the following requirements: (1) passed a clinical-category qualifying national exam. Regulated social workers holding an active and unencumbered license, who were licensed in a state before a qualifying national exam was required, may be exempted from this requirement, as provided for by the rules of the commission; and (2) graduated with a master's degree, or higher, in social work, from a program that is accredited by an accrediting agency recognized by the Council for Higher Education Accreditation, or its successor, or by the United States Department of Education and operated by a college or university recognized by the licensing authority; and (3) completed a period of three thousand hours or two years of full-time postgraduate supervised clinical practice. (C) A regulated social worker who is a master's category social worker must have: (1) passed a master's-category qualifying national exam. Regulated social workers holding an active and unencumbered license, who were licensed in a state before a qualifying national exam was required, may be exempted from this requirement, as provided for by the rules of the commission; and (2) graduated with a master's degree, or higher, in social work, from a program that is accredited by an accrediting agency recognized by the Council for Higher Education Accreditation, or its successor, or by the United States Department of Education and operated by a college or university recognized by the licensing authority. (D) A regulated social worker who is a bachelor's-category social worker must have: (1) passed a bachelor's-category qualifying national exam. Regulated social workers holding an active and unencumbered license, who were licensed in a state before a qualifying national exam was required, may be exempted from this requirement, as provided for by the rules of the commission; and (2) graduated with a bachelor's degree, or higher, in social work, from a program that is accredited by an accrediting agency recognized by the Council for Higher Education Accreditation, or its successor, or by the United States Department of Education and operated by a college or university recognized by the licensing authority. (E) The interstate compact license for a regulated social worker is subject to the renewal requirements of the home state. The regulated social worker must maintain compliance with the requirements of subsection (A). (F) The regulated social worker's services in a remote state are subject to that member state's regulatory authority. A remote state may, in accordance with due process and that member state's laws, remove a regulated social worker's multistate authorization to practice in the remote state for a specific period of time, impose fines, and/or take any other necessary actions to protect the health and safety of its citizens. (G) If a home state license is encumbered, the regulated social worker's multistate authorization to practice shall be deactivated in all remote states until the home state license is no longer encumbered. (H) If a multistate authorization to practice is encumbered in a remote state, the regulated social worker's multistate authorization to practice may be deactivated in that state until the multistate authorization to practice is no longer encumbered. (I) Nothing in this compact shall affect the requirements established by a member state for the issuance of a single state license. Editor's Note 2025 Act No. 66, SECTION 1, provides as follows: "SECTION 1. This act may be cited as the 'Social Work Interstate Compact Act.'"
S.C. Code Ann. § 40-33-35 — SC Code / Title 40 / Chapter 33 / Article 1 / Section 40-33-35
SECTION 40-33-35. Licensing of applicant authorized to practice in other states.
Status: in_force

An applicant for a license who currently holds or has held an authorization to practice nursing in another state or jurisdiction in this country or territory or dependency of the United States may be licensed by the board by endorsement, without examination, if the applicant: (1) submits a completed application on a form provided by the board; (2) submits one 2" × 2" photograph signed and dated; (3) submits the appropriate application fee; (4) submits satisfactory proof of identity and age demonstrating that the applicant is eighteen years of age or older; (5) submits a copy of the applicant's social security card or permanent resident card; a resident alien who does not have a social security number must have an alien identification number; (6) has not committed any acts that are grounds for disciplinary action; (7) has completed all requirements for graduation from a nursing education program approved by the state or jurisdiction in this country or territory or dependency of the United States in which the program is located, as evidenced by a graduation transcript or other proof of education satisfactorily demonstrating graduation as determined by the board. The applicant's education must be equivalent to that required in this State at the time of the applicant's initial licensure in the other jurisdiction. An applicant shall comply with these educational requirements for basic RN licensure and satisfy the requirements of Section 40-33-34 to practice as an APRN; (8) submits verification of current or prior authorization to practice as a nurse in another state or jurisdiction or territory or dependency of the United States and that a license: (a) has been issued on the basis of passing the State Board Test Pool Examination before 1983 or the appropriate National Council Licensure Examination; (b) was not issued on the basis of passing the State Board Test Pool Examination before 1983 or the appropriate National Council Licensure Examination, in which case the applicant shall demonstrate not fewer than three years of successful practice as a licensed nurse in another state or jurisdiction in this country without disciplinary action that resulted in restriction of practice, including probation; (9) evidence of continued competency as provided in this chapter; and (10) whose native language is not English, submits evidence of passing the Test of English as First Language (TOEFL), Test of Written English (TWE), and Test of Spoken English (TSE) offered by the TOEFL/TSE Services or another service approved by the board. Editor's Note Prior Laws:1935 (39) 173; 1942 Code SECTION 5228; 1947 (45) 579; 1952 Code SECTION 56-986; 1959 (51) 307; 1962 Code SECTION 56-986; 1969 (56) 263; 1987 Act No. 114, SECTION 9; 1976 Code SECTION 40-33-560.
S.C. Code Ann. § 40-47-540 — SC Code / Title 40 / Chapter 47 / Article 5 / Section 40-47-540
SECTION 40-47-540. Respiratory Care Committee created; membership.
Status: in_force

There is created the Respiratory Care Committee as an advisory committee to the board which consists of nine members to be appointed by the board. Five of the members must be respiratory care practitioners with at least five years' experience each, one member must be a consumer, and three members must be physicians who are licensed to practice in South Carolina who have special interest and knowledge in the diagnosis, treatment, and assessment of respiratory problems. All of the respiratory care practitioners must be certified except for the first members of the committee, who must be certified as soon after their appointment as possible. All organizations, groups, or interested individuals may submit recommendations to the board of at least two individuals for each position to be filled on the committee.
S.C. Code Ann. § 40-85-20 — SC Code / Title 40 / Chapter 85 / Section 40-85-20
SECTION 40-85-20. Definitions.
Status: in_force

As used in this chapter: (1) "ABGC" means the American Board of Genetic Counseling, its successor or equivalent. (2) "ACGC" means the Accreditation Council for Genetic Counseling, its successor or equivalent. (3) "Board" means the Board of Genetic Counselors created in Section 40-84-10. (4) "Department" means the Department of Labor, Licensing and Regulation. (5) "Genetic counselor" means a person who has met all the conditions of this chapter and is licensed in this State to practice genetic counseling. (6) "Limited licensee" means a person who obtains a limited license by the board who meets all the requirements for licensure except the successful completion of the examination, and whose activities are performed under supervision. (7) "NSGC" means the National Society of Genetic Counselors, its successor or equivalent. (8) "Practice of genetic counseling" means: (a) obtain and evaluate individual, family, and medical histories to determine genetic risk for genetic/medical conditions and diseases in a patient, his offspring, and other family members; (b) discuss the features, natural history, means of diagnosis, genetic and environmental factors, and management of risk for genetic/medical conditions and diseases; (c) identify and order genetic laboratory tests as appropriate for the genetic assessment; (d) integrate genetic laboratory test results and other diagnostic studies with personal and family medical histories to assess and communicate risk factors for genetic/medical conditions and diseases; (e) explain the clinical implications of genetic laboratory tests and other diagnostic studies and their results; (f) evaluate responses of the client and his family to the condition or risk of recurrence and provide client-centered counseling and anticipatory guidance; (g) identify and use community resources that provide medical, educational, financial, and psychosocial support and advocacy; and (h) provide written documentation of medical, genetic, and counseling information for families and health care professionals. (9) "Student" or "genetic counselor student" means an individual enrolled in an ACGC-approved genetic counselor program while engaged in completing the clinical education requirement for graduation. (10) "Supervision" means supervision provided by a licensed genetic counselor or physician and shall mean the review of genetic counseling and case management as appropriate that include regular chart reviews of clients with the limited licensee and the supervisor. Supervision may be conducted in person or by telesupervision. For the purposes of this definition, "telesupervision" means clinical supervision that is provided by an electronic communication device, whether audio or video, or both.
S.C. Code Ann. § 40-47-160 — SC Code / Title 40 / Chapter 47 / Article 1 / Section 40-47-160
SECTION 40-47-160. Appeal.
Status: in_force

A respondent aggrieved by a final decision of the board may seek review of the decision to the Administrative Law Court in accordance with Section 40-1-160. Motions for continuance and for other interlocutory relief are not subject to review by the Administrative Law Court until a final decision has been issued by the board.
S.C. Code Ann. § 40-13-210 — SC Code / Title 40 / Chapter 13 / Section 40-13-210
SECTION 40-13-210. Petition for injunctive relief by department.
Status: in_force

The department, on behalf of the board and in accordance with Section 40-1-210, may petition an administrative law judge, in the name of the State, for injunctive relief against a person violating this chapter.
S.C. Code Ann. § 40-47-945 — SC Code / Title 40 / Chapter 47 / Article 7 / Section 40-47-945
SECTION 40-47-945. Conditions for granting permanent license.
Status: in_force

Except as otherwise provided in this article, an individual shall obtain a permanent license from the board before the individual may practice as a PA. The board shall grant a permanent license as a PA to an applicant who has: (1) submitted a completed application on forms provided by the board; (2) paid the nonrefundable application fees established in this article; (3) successfully completed an educational program for PAs approved by the Accreditation Review Commission on Education for the Physician Assistant or its predecessor or successor organization; (4) successfully passed the PA National Certifying Examination administered by the National Commission on the Certification of Physician Assistants (NCCPA) and provided documentation that the applicant possesses a current, active NCCPA certificate; (5) certified that the applicant is mentally and physically able to engage safely in practice as a PA; (6) no licensure, certificate, or registration as a PA under current discipline, revocation, suspension, probation, or investigation for cause resulting from the applicant's practice as a PA; (7) good moral character; and (8) submitted to the board other information the board considers necessary to evaluate the applicant's qualifications, participated in an interview if requested by the board, or both. Effect of Amendment The 2013 amendment, in subsection (A)(9), deleted "the applicant's supervising physician and" before "all original diplomas and certificates"; in subsection (B), deleted "with the applicant's supervising physician and scope of practice guidelines" following "board member or board designee"; and deleted the second sentence in subsection (C), relating to on-the-job training. 2019 Act No. 32, SECTION 2, rewrote the section.
S.C. Code Ann. § 40-49-50 — SC Code / Title 40 / Chapter 49 / Article 1 / Section 40-49-50
SECTION 40-49-50. Compensation of members; disposition of surplus funds.
Status: in_force

The examiners shall receive a compensation for each meeting as may be designated by the mayor or governing body of the city or town, to be paid out of the money received for the issuing of such certificates. The surplus, if any, shall be paid into the treasury of the city or town.
S.C. Code Ann. § 40-19-290 — SC Code / Title 40 / Chapter 19 / Section 40-19-290
SECTION 40-19-290. Disclosure of expenses related to services and merchandise; statements regarding legal requirements; disposition of payments received; investigations.
Status: in_force

(A) The personnel of a funeral establishment or crematory shall make every reasonable attempt to fulfill the desires of the deceased and persons making arrangements both as to services and merchandise, and a full disclosure of all its available services and merchandise must be made before selection of the casket. Before the arrangements are completed, the licensee of the funeral service firm shall disclose fully what is included in the funeral and identify other related expenses such as cemeteries and florists. (B) Statements of legal requirements or statements relative to the conditions under which embalming is required or advisable must be complete and factual. Representations as to legal requirements for embalming, the use of a casket or other receptacle, and the necessity, if any, of an interment receptacle in connection with a funeral must be truthful, and all legal or cemetery interment requirements must be disclosed. (C) A funeral service establishment, crematory, or retail sales outlet shall have a card or brochure with each piece of funeral merchandise stating the price of the merchandise. (D) The funeral establishment or crematory shall provide to the persons making the arrangements, at the time the arrangements are completed and before the time of rendering the service, a written statement signed by a representative of the funeral home and by the person authorizing the services showing to the extent then known: (1) the price of the service that the persons have selected and what is included in the service; (2) the price of each of the supplemental items of service and merchandise requested; (3) the amount involved for each of the items for which the funeral service firm shall advance monies as an accommodation to the family; and (4) the method of payment. (E) Other than payments received for at-need funeral merchandise and funeral services, all payments received by any establishment licensed under this chapter for funeral merchandise being purchased must be placed in a trust account in a federally insured institution until the merchandise is delivered for its intended funeral services use as provided in the contract and in accordance with the sales agreement. Upon its own initiative or upon receipt of a complaint, the South Carolina Department of Consumer Affairs shall undertake investigations; review the books, records, and accounts of any establishment licensed under this chapter; subpoena witnesses; require audits and reports; and conduct hearings to determine if payments are being received in violation of the provisions of Chapter 7, Title 32. Editor's Note Prior Laws:1983 Act No. 146, SECTION 1; 1976 Code SECTION 40-19-200. Effect of Amendment 2024 Act No. 223, SECTION 18, in (E), rewrote the first sentence.
S.C. Code Ann. § 40-83-30 — SC Code / Title 40 / Chapter 83 / Section 40-83-30
SECTION 40-83-30. Immigration services permitted; persons exempt from chapter; required disclosures; penalties; promulgation of regulations.
Status: in_force

(A) A person who provides or offers to provide immigration assistance service shall perform only the following services: (1) completing a government agency form, requested by the customer and appropriate to the customer's needs only if the completion of that form does not involve a legal judgment for that particular matter; (2) transcribing responses to a government agency form that is related to an immigration matter but not advising a customer as to his or her answers on those forms; (3) translating information on forms to a customer and translating the customer's answers to questions posed on those forms; (4) securing for the customer supporting documents currently in existence, such as birth and marriage certificates, which may be needed to be submitted with government agency forms; (5) translating documents from a foreign language into English; (6) notarizing signatures on government agency forms, if the person performing the service is a notary public commissioned in the State of South Carolina and is lawfully present in the United States; (7) making referrals, without a fee, to attorneys who could undertake legal representation for a person in an immigration matter; (8) preparing or arranging for the preparation of photographs and fingerprints; (9) arranging for the performance of medical testing (including X-rays and AIDS tests) and the obtaining of reports of such test results; (10) conducting English language and civics courses; and (11) performing other services that the director determines by rule may be appropriately performed by such persons in light of the purposes of this chapter. (B) The following persons are exempt from this chapter: (1) an attorney licensed to practice law in South Carolina or an attorney licensed to practice law in another state or territory of the United States or in a foreign country when acting with the approval of a judge having lawful jurisdiction over the matter; (2) a legal intern, clerk, paralegal, or person in a similar position employed by and under the direct supervision of a licensed attorney meeting the requirements in item (1) of this subsection and rendering immigration assistance service in the course of employment; or (3) a not-for-profit organization recognized by the Board of Immigration Appeals under 8 C.F.R. 292.2(a), to include, but not be limited to, religious, charitable, social service, or similar organizations, and employees of those organizations accredited under 8 C.F.R. 292.2(d). (C) This chapter does not regulate any business to the extent that such regulation is prohibited or preempted by federal law. (D) A person performing the services described in this chapter shall obtain a business license from the Department of Labor, Licensing and Regulation, and as may be required by a local governing authority. (E) A person who provides or offers immigration assistance service and is not exempted under this chapter shall post signs at his or her place of business setting forth information in English and in every other language in which the person provides or offers to provide immigration assistance service. Each language shall be on a separate sign. Signs shall be posted in a location where the signs will be visible to customers. Each sign shall be at least twelve inches by seventeen inches and shall contain the following statement: "I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW AND MAY NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE." (F) Each person engaged in immigration assistance service who is not an attorney who advertises immigration assistance service in a language other than English, whether by radio, television, signs, pamphlets, newspapers, or other written communication, with the exception of a single desk plaque, must include in the document, advertisement, stationery, letterhead, business card, or other comparable written material the following notice in English and the language in which the written communication appears. This notice shall be of a conspicuous font size, if in writing, and shall state: "I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW AND MAY NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE." If an advertisement is by radio or television, the statement may be modified but must include substantially the same information. (G) A person who provides or offers immigration assistance service and who is not exempted pursuant to the provisions of this chapter may not literally translate from English into another language any document, advertisement, stationery, letterhead, business card, or other comparable written material terms or titles including, but not limited to, notary public, notary, licensed attorney, lawyer, or another term that implies the person is an attorney. (H) A person engaged in providing immigration services who is not exempted under this chapter may not: (1) accept payment in exchange for providing legal advice or any other assistance that requires legal analysis, legal judgment, or interpretation of the law; (2) refuse to return documents supplied by, prepared on behalf of, or paid for by the customer upon the request of the customer. These documents must be returned upon request even if there is a fee dispute between the immigration assistant and the customer; (3) represent or advertise, in connection with providing assistance in immigration matters, other titles or credentials, including, but not limited to, "notary public" or "immigration consultant", that could cause a customer to believe that the person possesses special professional skills or is authorized to provide advice on an immigration matter, provided that a certified notary public may use the term "notary public" if the use is accompanied by the statement that the person is not an attorney. The term "notary public" may not be translated into another language; (4) provide legal advice, recommend a specific course of legal action, or provide any other assistance that requires legal analysis, legal judgment, or interpretation of the law; or (5) make any misrepresentation or false statement, directly or indirectly, to influence, persuade, or induce patronage. (I) Violations of this chapter may result in a civil penalty of up to one thousand dollars per violation and the revocation of the business license of the immigration assistance service. A fine charged pursuant to this chapter shall not preempt or preclude additional appropriate civil or criminal penalties to include disgorgement and restitution. (J) Any person who knowingly and wilfully makes a false, fictitious, or fraudulent statement or representation in any document prepared or executed as part of the provision of immigration assistance services in an immigration matter pursuant to this chapter, or anyone who aids or abets a person in knowingly and wilfully making a false, fictitious, or fraudulent statement or representation in any document prepared or executed as part of the provision of immigration assistance services in an immigration matter pursuant to this chapter, or who solicits or conspires to make a false, fictitious, or fraudulent statement or representation in any document prepared or executed as part of the provision of immigration assistance services in an immigration matter pursuant to this chapter shall be guilty of a felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years, or both. In addition, a person convicted of this subsection must disgorge any benefit received or make restitution, or both, to the agency or political subdivision that administered the benefit or entitlement program. It is a separate violation of this subsection each time a person knowingly and wilfully makes, aids, or abets in the making of, or solicits or conspires to make a false, fictitious, or fraudulent statement or representation in any document prepared or executed pursuant to this subsection. A criminal charge pursuant to this chapter shall not preempt or preclude additional appropriate civil or criminal charges or penalties. A person who suffers any ascertainable loss of money or property, real or personal, as a result of a conviction or plea to a violation of this subsection may bring an action individually, or in a representative capacity, to recover actual damages from any person convicted of the violation of this subsection. If the court finds that a violation has been established, the court shall award three times the actual damages sustained and may provide such other relief as it considers necessary or proper. Upon the finding by the court of a violation, the court shall award to the person bringing such action under this section reasonable attorney's fees and costs. (K) Persons convicted of a violation of this subsection are jointly and severally liable for any loss suffered by any person or any agency or political subdivision of the State. (L) The director shall promulgate regulations not inconsistent with this chapter for the implementation, administration, and enforcement of this chapter in accordance with the provisions of Chapter 23 of Title 1 of the South Carolina Code of Laws. (M) This chapter shall not apply to anyone employed by or working for an educational institution who is registered as a designated school official with the SEVIS program, or a successor program, operated by the United States Department of Homeland Security.
S.C. Code Ann. § 40-63-270 — SC Code / Title 40 / Chapter 63 / Article 1 / Section 40-63-270
SECTION 40-63-270. Patient notification; professional disclosure and statement of rights; prescribing or dispensing medications.
Status: in_force

(A) A licensee shall make available to each client a copy of a statement of professional disclosure. The statement of professional disclosure shall include the licensee's address and telephone number, fee schedule, educational training, and areas of specialization. All social workers subject to this chapter must provide the client with a statement of their rights and procedures to file a complaint prescribed by the board. (B) No licensee may engage in prescribing or in dispensing medications.
S.C. Code Ann. § 40-45-600 — SC Code / Title 40 / Chapter 45 / Article 3 / Section 40-45-600
SECTION 40-45-600. Oversight, dispute resolution, and enforcement.
Status: in_force

(A) Oversight: (1) The executive, legislative, and judicial branches of state government in each member state shall enforce this compact and take all actions necessary and appropriate to effectuate the compact's purposes and intent. (2) All courts shall take judicial notice of the compact and the rules in any judicial or administrative proceeding in a member state pertaining to the subject matter of this compact which may affect the powers, responsibilities, or actions of the commission. (3) The commission must be entitled to receive service of process in any such proceeding, and shall have standing to intervene in such a proceeding for all purposes. Failure to provide service of process to the commission shall render a judgment or order void as to the commission, this compact, or promulgated rules. (B) Default, technical assistance, and termination: (1) If the commission determines that a member state has defaulted in the performance of its obligations or responsibilities under this compact or the promulgated rules, the commission shall: (a) provide written notice to the defaulting state and other member states of the nature of the default, the proposed means of curing the default and any other action to be taken by the commission; and (b) provide remedial training and specific technical assistance regarding the default. (2) If a state in default fails to cure the default, the defaulting state may be terminated from the compact upon an affirmative vote of a majority of the member states, and all rights, privileges, and benefits conferred by this compact may be terminated on the effective date of termination. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of default. (3) Termination of membership in the compact must be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate must be given by the commission to the governor, the majority and minority leaders of the defaulting state's legislature, and each of the member states. (4) A state that has been terminated is responsible for all assessments, obligations, and liabilities incurred through the effective date of termination, including obligations that extend beyond the effective date of termination. (5) The commission shall not bear any costs related to a state that is found to be in default or that has been terminated from the compact, unless agreed upon in writing between the commission and the defaulting state. (6) The defaulting state may appeal the action of the commission by petitioning the United States District Court for the District of Columbia or the federal district where the commission has its principal offices. The prevailing member must be awarded all costs of such litigation, including reasonable attorney's fees. (C) Dispute resolution: (1) Upon request by a member state, the commission shall attempt to resolve disputes related to the compact that arise among member states and between member and nonmember states. (2) The commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes as appropriate. (D) Enforcement: (1) The commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this compact. (2) By majority vote, the commission may initiate legal action in the United States District Court for the District of Columbia or the federal district where the commission has its principal offices against a member state in default to enforce compliance with the provisions of the compact and its promulgated rules and bylaws. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing member must be awarded all costs of such litigation, including reasonable attorney's fees. (3) The remedies herein must not be the exclusive remedies of the commission. The commission may pursue any other remedies available under federal or state law.
S.C. Code Ann. § 40-22-245 — SC Code / Title 40 / Chapter 22 / Section 40-22-245
SECTION 40-22-245. South Carolina Engineers and Surveyors Education and Research Fund; funding; report of expenditures.
Status: in_force

(A) The board may allocate up to ten dollars of each renewal fee to the South Carolina Engineers and Surveyors Education and Research Fund, which must be established as a separate and distinct account and used exclusively for: (1) advancement of education and research for the benefit of individuals and firms licensed under this chapter and for individuals in training to become licensed; (2) analysis and evaluation of factors that affect the engineering and surveying professions in this State and activities that support initiatives of the board; and (3) dissemination of the results of the research. (B) The board shall submit to the chairman of the House and Senate Labor, Commerce and Industry Committees by August first of each year a report on how the funds were expended for the preceding fiscal year.
S.C. Code Ann. § 40-45-270 — SC Code / Title 40 / Chapter 45 / Article 1 / Section 40-45-270
SECTION 40-45-270. Persons exempt from licensure requirement.
Status: in_force

The following are not required to be licensed: (1) a "PT student" who is a student enrolled in a board-approved physical therapist program while engaged in completing the clinical education requirement for graduation under the on-site supervision of a physical therapist who is licensed to practice in this State; (2) a "PTA" student who is a student enrolled in a board-approved physical therapist assistant program while engaged in completing the clinical education requirement for graduation under the on-site supervision of a physical therapist or physical therapist assistant who is licensed to practice in this State; (3) a physical therapist or physical therapist assistant licensed in another state who is teaching or participating in special physical therapy education projects, demonstrations, or courses in this State; (4) a physical therapist or physical therapist assistant solely employed by the United States Armed Services, United States Public Health Service, Veterans Administration, or another federal agency and practicing within the scope of employment. Editor's Note Prior Laws:1962 Code SECTION 56-1348.1; 1964 (53) 2388; 1971 (57) 405; 1982 Act No. 413, SECTION 15; 1984 Act No. 392; 1976 Code SECTION 40-45-150.
S.C. Code Ann. § 40-82-115 — SC Code / Title 40 / Chapter 82 / Section 40-82-115
SECTION 40-82-115. Board jurisdiction.
Status: in_force

The board has jurisdiction over the actions of licensees and former licensees as provided for in Section 40-1-115.
S.C. Code Ann. § 40-15-410 — SC Code / Title 40 / Chapter 15 / Article 3 / Section 40-15-410
SECTION 40-15-410. Requirements for sedation permit.
Status: in_force

(A) The applicant for a sedation permit must submit verification to the board that the applicant's facilities meet the requirements of this section. (B) The board must determine the qualifications of a facility inspector and biennially inspect each facility. All costs and expenses of the board and department incurred in performing these inspections must be paid exclusively with revenue from permit fees received pursuant to Section 40-15-400(G). The department may not conduct these inspections until sufficient funding from the receipt of these fees exist. (C) To offer minimal sedation, a facility must have available: (1) with respect to equipment: (a) a positive-pressure oxygen delivery system suitable for the patient being treated; (b) when inhalation equipment is used, it must have a fail-safe system that is appropriately checked and calibrated, and also must have either: (i) a functioning device that prohibits the delivery of less than thirty percent oxygen; or (ii) an appropriately calibrated and functioning in-line oxygen analyzer with audible alarm; and (c) an appropriate scavenging system must be available if gases other than oxygen or air are used; and (2) with respect to preoperative preparation: (a) the patient, parent, guardian, or caregiver must be advised regarding the procedure associated with the delivery of any sedative agents and informed consent for the proposed sedation must be obtained; (b) the availability of an adequate oxygen supply and equipment necessary to deliver oxygen under positive pressure must be determined; (c) baseline vital signs must be obtained unless the patient's behavior prohibits the determination; (d) a focused physical evaluation must be performed as considered appropriate; (e) preoperative dietary restrictions must be considered based on the sedative techniques prescribed; and (f) preoperative verbal and written instructions must be given to the patient, parent, escort, guardian, or caregiver. (D)(1) In a facility offering minimal sedation under this chapter: (a) a qualified dentist or an appropriately trained individual, at the discretion of the dentist, must continuously assess the patient's level of consciousness and remain in the operatory during active dental treatment to monitor the patient continuously until the patient meets the criteria for discharge to the recovery area. The appropriately trained individual must be familiar with monitoring techniques and equipment. Monitoring must include: (i) continuous evaluation of the color of mucosa, skin, or blood; (ii) required oxygen saturation by pulse oximetry; (iii) continuous observation of chest excursions by the dentist, an appropriately trained individual, or both; (iv) continuous verification of respiration by the dentist, an appropriately trained individual, or both; (v) preoperative, intraoperative, and postoperative evaluation of blood pressure and heart rate as necessary, unless the patient is unable to tolerate the monitoring; (vi) maintenance of an appropriate sedative record, including the names of all drugs administered, including local anesthetics, dosages, and monitored physiological parameters; (vii) immediate availability of oxygen and suction equipment if a separate recovery area is used; (viii) monitoring of the patient during recovery by a qualified dentist or appropriately trained clinical staff until the patient is ready for discharge by the dentist; (ix) determination and documentation by the qualified dentist of the patient's satisfactory level of consciousness, oxygenation, ventilation, and circulation before discharge; (x) provision of postoperative verbal and written instructions to the patient, parent, escort, guardian, or caregiver; and (xi) cessation of the dental procedure if a patient enters a deeper level of sedation than the dentist is qualified to provide, until the patient returns to the intended level of sedation; (b) a qualified dentist is responsible for the sedative management, adequacy of the facility and staff, diagnosis, and treatment of emergencies related to the administration of minimal sedation and providing the equipment and protocols for patient rescue; and (c) for children under thirteen years of age, the board supports the American Dental Association's stance that supports the use of the American Academy of Pediatrics/American Academy of Pediatric Dentistry "Guidelines for Monitoring and Management of Pediatric Patients During and After Sedation for Diagnostic and Therapeutic Procedures". (E) To offer moderate sedation, a facility must have available: (1) with respect to equipment: (a) a positive-pressure oxygen delivery system suitable for the patient being treated; (b) when inhalation equipment is used, it must have a fail-safe system that is appropriately checked and calibrated, and also must have either: (i) a functioning device that prohibits the delivery of less than thirty percent oxygen; or (ii) an appropriately calibrated and functioning in-line oxygen analyzer with audible alarm; (c) an appropriate scavenging system must be available if gases other than oxygen or air are used; and (d) equipment necessary to establish intravenous access; and (2) with respect to preoperative preparation: (a) the patient, parent, guardian, or caregiver must be advised regarding the procedure associated with the delivery of any sedative agents and informed consent for the proposed sedation must be obtained; (b) the availability of an adequate oxygen supply and equipment necessary to deliver oxygen under positive pressure must be determined; (c) baseline vital signs must be obtained unless the patient's behavior prohibits the determination; (d) a focused physical evaluation must be performed as considered appropriate; (e) preoperative dietary restrictions must be considered based on the sedative techniques prescribed; and (f) preoperative verbal and written instructions must be given to the patient, parent, escort, guardian, or caregiver. (F)(1) In a facility offering moderate sedation under this chapter: (a) a qualified dentist or an appropriately trained individual, at the discretion of the dentist, must remain in the operatory during active dental treatment to monitor the patient continuously until the patient meets the criteria for discharge to the recovery area. The appropriately trained individual must be familiar with monitoring techniques and equipment. Monitoring must include: (i) continuous assessment of level of consciousness, such as responsiveness to verbal commands; (ii) continuous evaluation of color of mucosa, skin, or blood and oxygen saturation by pulse oximetry; (iii) continuous observation by the dentist of chest excursions and ventilation monitoring, which can be accomplished by auscultation of breath sounds, monitoring end-tidal CO2, or by verbal communication with the patient; (iv) continuous evaluation of blood pressure and heart rate if tolerable by the patient and if noted in the time-oriented anesthesia record; (v) continuous EKG monitoring for patients with significant cardiovascular disease; (vi) maintenance of an appropriate time-oriented anesthetic record, including the names of all drugs, dosages, and their administration times, including local anesthetics, dosages, and monitored physiological parameters; (vii) continuous documentation of pulse oximetry, heart rate, respiratory rate, blood pressure, and level of consciousness; and (viii) cessation of the dental procedure if a patient enters a deeper level of sedation than the dentist is qualified to provide, until the patient returns to the intended level of sedation; (2) a qualified dentist is responsible for the sedative management, adequacy of the facility and staff, diagnosis and treatment of emergencies related to the administration of moderate sedation, and providing the equipment, drugs, and protocol for patient rescue; and (3) for children under thirteen years of age, the board supports the American Dental Association's stance that supports the use of the American Academy of Pediatrics/American Academy of Pediatric Dentistry "Guidelines for Monitoring and Management of Pediatric Patients During and After Sedation for Diagnostic and Therapeutic Procedures". (G) To offer deep sedation/general anesthesia, a facility must have: (1) with respect to equipment: (a) a positive-pressure oxygen delivery system suitable for the patient being treated; (b) when inhalation equipment is used, it must have a fail-safe system that is appropriately checked and calibrated. The equipment also must have either: (i) a functioning device that prohibits the delivery of less than thirty percent oxygen; or (ii) an appropriately calibrated and functioning in-line oxygen analyzer with audible alarm; (c) an appropriated scavenging system must be available if gases other than oxygen or air are used; (d) equipment necessary to establish intravenous access; (e) equipment and drugs necessary to provide advanced airway management; (f) advanced cardiac life support and reversal agents, if applicable; (g) a capnograph must be used and an inspired agent analysis monitor should be considered if volatile anesthetic agents are used; (h) resuscitation medications and an appropriate defibrillator must be immediately available; (i) EKG for deep sedation/general anesthesia; and (j) a chair or operating table that allows for CPR to be performed on the patient; and (2) with respect to preoperative preparation: (a) the patient, parent, guardian, or caregiver must be advised regarding the procedure associated with the delivery of any sedative agents and informed consent for the proposed sedation must be obtained; (b) availability of adequate oxygen supply and equipment necessary to deliver oxygen under positive pressure must be determined; (c) baseline vital signs must be obtained unless the patient's behavior prohibits the determination; (d) a focused physical evaluation must be performed as considered appropriate; (e) preoperative dietary restrictions must be considered based on the sedative techniques prescribed; (f) preoperative verbal and written instructions must be given to the patient, parent, escort, guardian, or caregiver; and (g) an intravenous line, which is secured throughout the procedure, must be established except as provided in subsection (I). (H) In a facility offering deep sedation/general anesthesia under this chapter: (1) a dentist or an appropriately trained individual, in the discretion of the dentist, must remain in the operatory during active dental treatment to monitor the patient continuously until the patient meets the criteria for discharge to the recovery area. The appropriately trained individual must be familiar with monitoring techniques and equipment. Monitoring must include: (a) continuous evaluation of color of mucosa, skin, or blood and oxygen saturation by pulse oximetry; (b) continuous monitoring and evaluation of: (i) end-tidal CO2 for an intubated patient; and (ii) breath sounds by means of auscultation, end-tidal CO2, or both for a nonintubated patient; (c) continuous monitoring and evaluation of respiration rate; (d) continuous evaluation of heart rate and rhythm by means of EKG throughout the procedure, as well as pulse rate by means of pulse oximetry and blood pressure; (e) ready availability of a device capable of measuring body temperature during the administration of deep sedation/general anesthesia; (f) availability and use of equipment to continuously monitor body temperature whenever triggering agents associated with malignant hyperthermia are administered; (g) maintenance of an appropriate time-oriented anesthetic record, including the names of all drugs, dosages, and their administration times, including local anesthetics and monitored physiological parameters; and (h) continuous recording of: (i) pulse oximetry and end-tidal CO2 measurements, if taken; (ii) heart rate; (iii) respiratory rate; and (iv) blood pressure; (2) when a mental or physical challenge precludes a dental patient from having a comprehensive physical examination or appropriate laboratory tests before undergoing deep sedation/general anesthesia, the dentist responsible for administering that anesthesia should document the reasons preventing the recommended preoperative management; and (3) use of deep sedation/general anesthesia without establishing an indwelling intravenous line may be warranted in selected circumstances, including very brief procedures or the establishment of intravenous access after deep sedation/general anesthesia has been induced because of poor patient cooperation. (I) A facility inspection is not required for the administration of anesthesia at those hospitals, dental schools, and other dental settings approved by the Joint Commission on Accreditation of Healthcare Organizations or the Commission on Dental Accreditation.
S.C. Code Ann. § 40-10-150 — SC Code / Title 40 / Chapter 10 / Section 40-10-150
SECTION 40-10-150. Voluntary surrender of license.
Status: in_force

A licensee under investigation for a violation of this chapter or a regulation promulgated under this chapter voluntarily may surrender the license in accordance with Section 40-1-150.
S.C. Code Ann. § 40-13-5 — SC Code / Title 40 / Chapter 13 / Section 40-13-5
SECTION 40-13-5. Application of chapter; conflict of laws.
Status: in_force

Unless otherwise provided for in this chapter, Article 1, Chapter 1 applies to cosmetologists, nail technicians, and estheticians regulated or administered, or both, by the Department of Labor, Licensing and Regulation. If there is a conflict between this chapter and Article 1, Chapter 1, the provisions of this chapter control.
S.C. Code Ann. § 40-47-1800 — SC Code / Title 40 / Chapter 47 / Article 11 / Section 40-47-1800
SECTION 40-47-1800. Violations of article; penalties.
Status: in_force

(A) It is unlawful for a person who is not licensed under this article to hold himself out as an athletic trainer. A person who holds himself out as an AT without being licensed under this article, during a period of suspension, or after his license has been revoked by the board is guilty of a misdemeanor and, upon conviction, must be fined not more than three hundred dollars or imprisoned for not more than ninety days, or both. (B) For the purpose of any investigation or proceeding under the provisions of this article, the board or a person designated by the board may administer oaths and affirmations, subpoena witnesses, take testimony, and require the production of any documents or records which the board considers relevant to the inquiry. (C) If the board has sufficient evidence that a person is violating a provision of this article, the board, in addition to all other remedies, may order the person to immediately desist and refrain from such conduct. The board may apply to an administrative law judge as provided under Article 5, Chapter 23, Title 1 for an injunction enjoining the person from such conduct. An administrative law judge may issue a temporary injunction ex parte and upon notice and full hearing may issue any other order in the matter it considers proper. No bond may be required of the board by an administrative law judge as a condition to the issuance of any injunction or order contemplated by the provisions of this section. (D) Investigations and disciplinary proceedings under this article must be conducted in accordance with the provisions of Article 1. (E) No provision of this article may be construed as prohibiting the respondent or his legal counsel from exercising the respondent's constitutional right of due process under the law or prohibiting the respondent from normal access to the charges and evidence filed against him as a part of due process under the law.
S.C. Code Ann. § 40-45-510 — SC Code / Title 40 / Chapter 45 / Article 3 / Section 40-45-510
SECTION 40-45-510. Purpose of compact.
Status: in_force

(A) The purpose of this compact is to facilitate interstate practice of physical therapy with the goal of improving public access to physical therapy services. The practice of physical therapy occurs in the state where the patient/client is located at the time of the patient/client encounter. The compact preserves the regulatory authority of states to protect public health and safety through the current system of state licensure. (B) This compact is designed to achieve the following objectives: (1) increase public access to physical therapy services by providing for the mutual recognition of other member state licenses; (2) enhance the states' ability to protect the public's health and safety; (3) encourage the cooperation of member states in regulating multi-state physical therapy practice; (4) support spouses of relocating military members; (5) enhance the exchange of licensure, investigative, and disciplinary information between member states; and (6) allow a remote state to hold a provider of services with a compact privilege in that state accountable to that state's practice standards.
S.C. Code Ann. § 40-6-370 — SC Code / Title 40 / Chapter 6 / Section 40-6-370
SECTION 40-6-370. Exceptions from applicability of chapter.
Status: in_force

This chapter applies to all auctions held in this State except: (1) auctions conducted by the owner of all of the goods being offered unless the owner's regular course of business includes engaging in the sale of goods or real estate by means of auction or unless the owner originally acquired the goods for the purpose of resale; (2) auctions conducted by or under the direction of a public authority unless conducted by a person or entity engaged in the business of organizing, arranging, or conducting auction sales for compensation or a person or entity licensed pursuant to this chapter or in any other jurisdiction to conduct auctions; (3) auctions conducted pursuant to a judicial order; (4) sales required by law to be at auction unless conducted by a person or entity engaged in the business of organizing, arranging, or conducting auction sales for compensation or a person or entity licensed pursuant to this chapter or in any other jurisdiction to conduct auctions; (5) auctions conducted on behalf of a charitable, civic, or religious organization if the person conducting the sale receives no compensation unless conducted by a person or entity engaged in the business of organizing, arranging, or conducting auction sales for compensation or a person or entity licensed pursuant to this chapter or in any other jurisdiction to conduct auctions; (6) auctions of motor vehicles among motor vehicle dealers if conducted by an auctioneer licensed under this chapter; (7) auctions by a trustee pursuant to a valid power of sale. Editor's Note Prior Laws:1977 Act No. 111 SECTION 2; 1985 Act No. 201, Part II, SECTION 66; 1987 Act No. 199, SECTION 1; 1993 Act No. 155, SECTION 5; 1976 Code SECTION 40-6-20.
S.C. Code Ann. § 40-22-222 — SC Code / Title 40 / Chapter 22 / Section 40-22-222
SECTION 40-22-222. Licensing of existing engineers; review process.
Status: in_force

(A) Through June 30, 2020, individuals who have graduated in an ETAC/ABET or TAC/ABET engineering technology curriculum of four or more years and who have a specific record after graduation of eight or more years of experience in engineering work of a character satisfactory to the board, who are of good character and reputation, who can communicate effectively in the English language may take the NCEES Principles of Practice and the Fundamentals of Engineering examinations and become an associate engineer licensed for Category B practice. An associate engineer licensed for Category B practice as of July 1, 2006, may continue to practice under the conditions provided for in Regulation 49-202(B) or an identical successor regulation. As of July 1, 2020, Category B licensure ceases to exist. (B) Through June 30, 2020, individuals who have graduated in a bachelor's ETAC/ABET or TAC/ABET accredited curriculum and who have successfully passed the NCEES Principles of Practice and Fundamentals of Engineering examinations, and who have completed eight or more years of qualifying experience as an engineer and who are otherwise qualified for licensure, may present their credentials for evaluation by a committee of Professional Engineers licensed in this State composed of no less than three practicing engineers, a member or former member of the board, and a professor of engineering. Applicants for licensure under this subsection must demonstrate sufficient rigor in their scope or depth of qualifying experience, such that the committee can determine that they can meet established standards of engineering practice. Only applicants who are approved under the review process may be licensed as professional engineers. Absent a showing of a change or qualifications to correct deficiencies identified in the review process, no application may be reviewed by the committee more than twice. (C) For the purposes of this section "associate professional engineer" means a Category B license holder who is qualified to practice within the profession of engineering in the manner defined in this chapter, and as attested by his recognition and registration as an associate professional engineer in this State. Effect of Amendment 2016 Act No. 259, SECTION 9, in (A), substituted "an ETAC/ABET or TAC/ABET engineering technology curriculum" for "a TAC/ABET accredited engineering technology curriculum"; in (B), substituted "a bachelor's ETAC/ABET or TAC/ABET accredited curriculum" for "a baccalaureate TAC/ABET accredited curriculum".
S.C. Code Ann. § 40-59-30 — SC Code / Title 40 / Chapter 59 / Article 1 / Section 40-59-30
SECTION 40-59-30. License requirement; enforcement of contracts; restraining orders.
Status: in_force

(A) A person or firm who engages or offers to engage in the business of residential building or residential specialty contracting without first having registered with the commission or procured a license from the commission, which has not expired or been revoked, suspended, or restricted or who knowingly presents to, or files with, the commission false information for the purpose of obtaining a license or registering with the commission is guilty of a misdemeanor and, upon conviction, must be fined not less than five hundred dollars or more than ten thousand dollars or imprisoned for not less than thirty days, or both. (B) Notwithstanding Section 29-5-10, or another provision of law, a person or firm who first has not procured a license or registered with the commission and is required to do so by law may not file a mechanics' lien or bring an action at law or in equity to enforce the provisions of a contract for residential building or residential specialty contracting which the person or firm entered into in violation of this chapter. (C) Pursuant to Article 5, Chapter 23, Title 1, the commission may petition an administrative law judge to issue a temporary restraining order enjoining a violation of this chapter, pending a full hearing to determine whether the injunction must be made permanent. Editor's Note Prior Laws:1962 Code SECTION 56-1545.37; 1974 (58) 1949; 1990 Act No. 595, SECTION 6; 1993 Act No. 72, SECTION 1; 1976 Code SECTION 40-59-70.