S.C. Code Ann. § 44-20-780 — SC Code / Title 44 / Chapter 20 / Article 5 / Section 44-20-780
SECTION 44-20-780. Notifying operator of program of deficiencies; time for correction; notice of impending denial, suspension, or revocation of license; exception for immediate threat.
Status: in_force

(A) The Office of Intellectual and Developmental Disabilities shall give written notification to the governing board or if none, the operator of a program of deficiencies, and the applicant or licensee must be given a specified time in which to correct the deficiencies. If the Department of Behavioral Health and Developmental Disabilities determines to deny, suspend, or revoke a license, it shall send to the applicant or licensee by certified mail a notice setting forth the reason for the determination. The denial, suspension, or revocation becomes final fifteen calendar days after the mailing of the notice, unless the applicant or licensee within that time gives written notice of his desire for a hearing. If the applicant or licensee gives that notice, he must be given a hearing before the department and may present evidence. On the basis of the evidence, the determination must be affirmed or set aside by the director, and a copy of the decision, setting forth the findings of fact and the reasons upon which it is based must be sent by registered mail to the applicant. (B) If an existing program has conditions or practices which, in the office's judgment, provide an immediate threat to the safety and welfare of the person with intellectual disability, a related disability, head injury, or spinal cord injury served, the department may immediately suspend or revoke the license of the program. Notification of the program board or operator by certified mail of the license suspension or revocation also must include the reasons or conditions. A person operating a program which has had its license suspended or revoked must be punished as provided in "Injunctions; Penalties". Code Commissioner's Note At the direction of the Code Commissioner, certain references in the S.C. Code to the State Department of Mental Health, South Carolina Mental Health Commission, Department of Disabilities and Special Needs, Department of Disabilities and Special Needs Commission, Department of Alcohol and Other Drug Abuse Services, and other related terms were changed to reflect the restructuring of these agencies into component offices under the Department of Behavioral Health and Developmental Disabilities, pursuant to 2025 Act No. 3, SECTION 18.
S.C. Code Ann. § 44-36-20 — SC Code / Title 44 / Chapter 36 / Article 1 / Section 44-36-20
SECTION 44-36-20. Advisory committee; membership; duties; prohibition against compensation.
Status: in_force

(A) The School of Public Health shall appoint an advisory committee to assist in maintaining this registry which must include, but is not limited to, a representative of: (1) South Carolina Alzheimer's Association chapters; (2) American Association of Retired Persons, South Carolina Chapters; (3) Clemson University; (4) Office of Intellectual and Developmental Disabilities; (5) Department of Health and Environmental Control; (6) Office of Mental Health; (7) Department of Social Services; (8) Department of Health and Human Services; (9) Medical University of South Carolina; (10) National Association of Social Workers, South Carolina Chapter; (11) South Carolina Adult Day Care Association; (12) South Carolina Association of Area Agencies on Aging; (13) South Carolina Association of Council on Aging Directors; (14) South Carolina Association of Nonprofit Homes for the Aging; (15) South Carolina Association of Residential Care Homes; (16) South Carolina Health Care Association; (17) South Carolina Home Care Association; (18) South Carolina Hospital Association; (19) South Carolina Medical Association; (20) South Carolina Nurses' Association; (21) Alzheimer's Disease and Related Disorders Resource Coordination Center of the Department on Aging; (22) University of South Carolina; (23) South Carolina State University. (B) The advisory committee shall assist the registry in: (1) defining the population to be included in the registry including, but not limited to, establishing criteria for identifying patient subjects; (2) developing procedures and forms for collecting, recording, analyzing, and disseminating data; (3) developing protocols and procedures to be disseminated to and used by health care providers in identifying subjects for the registry; (4) developing procedures for approving research projects or participation in research projects. (C) Members of the advisory committee are not entitled to mileage, per diem, subsistence, or any other form of compensation. Code Commissioner's Note At the direction of the Code Commissioner, certain references in the S.C. Code to the State Department of Mental Health, South Carolina Mental Health Commission, Department of Disabilities and Special Needs, Department of Disabilities and Special Needs Commission, Department of Alcohol and Other Drug Abuse Services, and other related terms were changed to reflect the restructuring of these agencies into component offices under the Department of Behavioral Health and Developmental Disabilities, pursuant to 2025 Act No. 3, SECTION 18. Effect of Amendment 2018 Act No. 261, SECTION 14, in (A), in (21), substituted "of the Department on Aging" for ", Office of the Governor, Division on Aging".
S.C. Code Ann. § 44-135-20 — SC Code / Title 44 / Chapter 135 / Section 44-135-20
SECTION 44-135-20. Findings.
Status: in_force

(A) The General Assembly finds that: (1) asbestos is a mineral that was widely used prior to the 1980's for insulation, fire-proofing, and other purposes; (2) millions of American workers and others were exposed to asbestos, especially during and after World War II, at shipyards such as those that operated in the South Carolina Lowcountry, prior to the advent of regulation by the United States Occupational Safety and Health Administration in the early 1970's; (3) exposure to asbestos is associated with various types of cancer, including mesothelioma, as well as nonmalignant conditions such as asbestosis and diffuse pleural thickening; (4) diseases caused by asbestos exposure often have long latency periods; (5) while the cases currently filed in South Carolina are manageable by the courts and the litigants, it is proper for the legislature to support and protect the South Carolina courts from the potential of massive litigation expense and the crowding of trial dockets; (6) silica is a naturally occurring mineral and is the second most common constituent of the earth's crust. Crystalline silica in the form of quartz is present in sand, gravel, soil, and rocks; (7) silica-related illnesses, including silicosis, can develop from the inhalation of respirable silica dust. Silicosis was widely recognized as an occupational disease many years ago; (8) concerns about statutes of limitations may prompt unimpaired asbestos and silica claimants to bring lawsuits to protect their ability to recover for their potentially progressive occupational disease; and (9) several states, including Texas, Georgia, Ohio, and Florida have enacted legislation setting medical criteria governing asbestos and silica cases and tolling statutes of limitations and requiring persons alleging nonmalignant disease claims to demonstrate physical impairment as a prerequisite to setting such cases for trial. (B) The purpose of this chapter is to: (1) provide a procedural remedy allowing efficient judicial supervision and control of asbestos and silica litigation by giving priority for the purposes of trial and resolution to asbestos and silica claimants with demonstrable physical impairment caused by exposure to asbestos or silica; and (2) preserve the legal rights of claimants who were exposed to asbestos or silica, but have no physical impairment from asbestos or silica exposure, until such time as the claimant can demonstrate physical impairment.
S.C. Code Ann. § 44-53-960 — SC Code / Title 44 / Chapter 53 / Article 7 / Section 44-53-960
SECTION 44-53-960. Penalties.
Status: in_force

Any person who sells or purchases at retail any hypodermic needles or syringes, except in accordance with the terms of this article, shall be deemed guilty of a misdemeanor and upon conviction shall be fined not more than five hundred dollars or imprisoned for not more than sixty days.
S.C. Code Ann. § 44-56-730 — SC Code / Title 44 / Chapter 56 / Article 7 / Section 44-56-730
SECTION 44-56-730. Site and participant eligibility.
Status: in_force

(A) A site known or perceived to be impacted by a contaminant, petroleum, or a petroleum product is eligible for participation in the voluntary cleanup program unless the site is listed or proposed to be listed on the National Priorities List pursuant to CERCLA Section 105. (B) A responsible party who is not subject to a department order or permit for assessment and remediation for a site is eligible to participate in the voluntary cleanup program for that site. (C) All nonresponsible parties who demonstrate financial viability to meet their obligations under the contract and who will undertake or whose nonresponsible party lenders, signatories, parents, subsidiaries, and successors will undertake the expansion, redevelopment, or return to use of the property are eligible to participate in the voluntary cleanup program.
S.C. Code Ann. § 44-17-560 — SC Code / Title 44 / Chapter 17 / Article 7 / Section 44-17-560
SECTION 44-17-560. Removal of proceedings to another county.
Status: in_force

The individual shall have the right to demand removal of the proceedings to any other county of the State when the convenience of the witnesses and the ends of justice so require. When the place of the proceedings is changed all other proceedings shall be had in the county to which the place of hearing is changed, unless otherwise provided by the consent of the parties in writing, duly filed, or order of the court. And the papers shall be filed or transferred accordingly.
S.C. Code Ann. § 44-61-690 — SC Code / Title 44 / Chapter 61 / Article 6 / Section 44-61-690
SECTION 44-61-690. Regulations; duties contingent on funding and promulgation of regulations.
Status: in_force

(A) The department has the authority to promulgate regulations to carry out the purposes of this article. (B) All of the department's duties pursuant to this article are contingent upon adequate funding to cover the department's operating and administrative costs and upon the promulgation of regulations. If adequate funding does not exist, the department is not obligated to carry out any duties pursuant to this article. The department is not obligated to carry out any duties pursuant to this article until the applicable regulations have been promulgated.
S.C. Code Ann. § 44-49-360 — SC Code / Title 44 / Chapter 49 / Article 2 / Section 44-49-360
SECTION 44-49-360. Operating or advertising as recovery housing without certification.
Status: in_force

Nothing in this article prohibits recovery housing that has not received certification from operating or advertising as recovery housing or from offering residence to persons recovering from substance use disorders.
S.C. Code Ann. § 44-9-10 — SC Code / Title 44 / Chapter 9 / Section 44-9-10
SECTION 44-9-10. Creation of Office of Mental Health; jurisdiction.
Status: in_force

There is hereby created the Office of Mental Health, a component office of the Department of Behavioral Health and Developmental Disabilities. The office shall have jurisdiction over all of the state's mental hospitals, clinics and centers, joint state and community sponsored mental health clinics and centers and facilities for the treatment and care of alcohol and drug addicts, including the authority to name each facility. The office shall be headed by an office director appointed by the Director of the Department of Behavioral Health and Developmental Disabilities pursuant to Section 44-12-50(B)(1). The office director must be a person of proven executive and administrative ability with appropriate education and substantial experience in the field of mental illness treatment. Code Commissioner's Note At the direction of the Code Commissioner, certain references in the S.C. Code to the State Department of Mental Health, South Carolina Mental Health Commission, Department of Disabilities and Special Needs, Department of Disabilities and Special Needs Commission, Department of Alcohol and Other Drug Abuse Services, and other related terms were changed to reflect the restructuring of these agencies into component offices under the Department of Behavioral Health and Developmental Disabilities, pursuant to 2025 Act No. 3, SECTION 18. Effect of Amendment 2025 Act No. 3, SECTION 12, substituted "Office of Mental Health, a component office of the Department of Behavioral Health and Developmental Disabilities. The office" for "State Department of Mental Health, which"; and added the last two sentences.
S.C. Code Ann. § 44-52-120 — SC Code / Title 44 / Chapter 52 / Section 44-52-120
SECTION 44-52-120. Involuntary commitment; period of treatment.
Status: in_force

A court ordered involuntary commitment for a chemically dependent person may not exceed a treatment period of ninety days' inpatient care. Court ordered treatment on an outpatient basis following inpatient treatment may not exceed a treatment period of one year. If, after clinical review, the head of the treatment facility determines that the grounds for commitment no longer exist, or that further treatment is not likely to bring about significant improvement of the patient's condition, the head of the treatment facility shall file a notice of intent to discharge with the court, and serve a copy of the intent notice on those persons required to receive notice under Section 44-52-80. If no objection is received within five days of notification, the court shall issue an order of discharge. If a written objection is filed with the court, the court shall review the objection to determine whether a hearing must be conducted prior to issuing an order of discharge.
S.C. Code Ann. § 44-20-400 — SC Code / Title 44 / Chapter 20 / Article 3 / Section 44-20-400
SECTION 44-20-400. Admission of person to services of Department for evaluation and diagnosis; form for application.
Status: in_force

Upon the written request of the person, the person's parents, parent with legal custody, or lawful custodian or legal guardian and subject to the availability of suitable accommodations and services, a person with intellectual disability, a related disability, head injury, or spinal cord injury may be admitted to the services of the office for evaluation and diagnosis and shall remain in the residential services of the office for that period required to complete the diagnostic study. However, this period may not exceed thirty days except upon approval of the office director or his designee. Individuals admitted under the provisions of this section are subject to the same regulations and office policies as regular admissions. The office may prescribe the form of the written application for diagnostic services. Code Commissioner's Note At the direction of the Code Commissioner, certain references in the S.C. Code to the State Department of Mental Health, South Carolina Mental Health Commission, Department of Disabilities and Special Needs, Department of Disabilities and Special Needs Commission, Department of Alcohol and Other Drug Abuse Services, and other related terms were changed to reflect the restructuring of these agencies into component offices under the Department of Behavioral Health and Developmental Disabilities, pursuant to 2025 Act No. 3, SECTION 18.
S.C. Code Ann. § 44-56-510 — SC Code / Title 44 / Chapter 56 / Article 5 / Section 44-56-510
SECTION 44-56-510. General provisions.
Status: in_force

Any waste disposed of in a land disposal site permitted to receive hazardous waste for disposal and not assessed a fee under the provisions of Article 1 of this chapter must be assessed as follows: (1) a fee of thirteen dollars and seventy cents a ton of wastes generated and disposed of in this State by landfilling or other means of land disposal; (2) for all wastes generated outside of the State and received at a facility during the quarter, each owner/operator of a hazardous waste land disposal facility shall remit to the department a fee of thirteen dollars and seventy cents a ton.
S.C. Code Ann. § 44-20-255 — SC Code / Title 44 / Chapter 20 / Article 3 / Section 44-20-255
SECTION 44-20-255. Ownership of property confirmed in Department of Behavioral Health and Developmental Disabilities; retention of subsequent sales proceeds.
Status: in_force

(A) Upon execution of the deed as provided in subsection (B) of this section, ownership of the tract of real property in Richland County described in Section 1 of Act 1645 of 1972 is confirmed in the Department of Behavioral Health and Developmental Disabilities, as the successor agency to the South Carolina Department of Disabilities and Special Needs. (B) The State Department of Administration shall cause to be executed and recorded an appropriate deed conveying the tract to the Department of Behavioral Health and Developmental Disabilities. (C) Proceeds of a subsequent sale of the tract that is the subject of this section may be retained by the Department of Behavioral Health and Developmental Disabilities. Effect of Amendment 2025 Act No. 3, SECTION 9, in (A), substituted "Department of Behavioral Health and Developmental Disabilities, as the successor agency to the South Carolina Department of Disabilities and Special Needs" for "South Carolina Department of Disabilities and Special Needs as the successor agency to the South Carolina Department of Mental Retardation"; and in (B) and (C), substituted "Department of Behavioral Health and Developmental Disabilities" for "South Carolina Department of Disabilities and Special Needs".
S.C. Code Ann. § 44-23-1080 — SC Code / Title 44 / Chapter 23 / Article 11 / Section 44-23-1080
SECTION 44-23-1080. Patients and prisoners denied access to alcoholic beverages, firearms, dangerous weapons, and controlled substances.
Status: in_force

No patient or prisoner under the jurisdiction of the Office of Mental Health is allowed access to alcoholic beverages, firearms, dangerous weapons, or controlled substances as defined by Section 44-53-110. Any person who intentionally or negligently allows patients or prisoners of the office access to these items or who attempts to furnish these items to patients or prisoners of the office is guilty: (1) in the case of alcoholic beverages or controlled substances, of a misdemeanor and, upon conviction, must be punished by a fine of not less than one hundred dollars nor more than ten thousand dollars or imprisonment for not less than thirty days nor more than ten years, or both; and (2) in the case of firearms or dangerous weapons, of a felony and, upon conviction, must be punished by a fine of not less than one thousand dollars nor more than ten thousand dollars or imprisonment for not less than one year nor more than ten years, or both. Code Commissioner's Note At the direction of the Code Commissioner, certain references in the S.C. Code to the State Department of Mental Health, South Carolina Mental Health Commission, Department of Disabilities and Special Needs, Department of Disabilities and Special Needs Commission, Department of Alcohol and Other Drug Abuse Services, and other related terms were changed to reflect the restructuring of these agencies into component offices under the Department of Behavioral Health and Developmental Disabilities, pursuant to 2025 Act No. 3, SECTION 18.
S.C. Code Ann. § 44-43-380 — SC Code / Title 44 / Chapter 43 / Article 5 / Section 44-43-380
SECTION 44-43-380. Falsification of document of gift or refusal for financial gain; penalty.
Status: in_force

A person that, in order to obtain a financial gain, intentionally falsifies, forges, conceals, defaces, or obliterates a document of gift, an amendment or revocation of a document of gift, or a refusal commits a felony and, upon conviction, must be fined not more than fifty thousand dollars or imprisoned not more than five years, or both.
S.C. Code Ann. § 44-15-60 — SC Code / Title 44 / Chapter 15 / Section 44-15-60
SECTION 44-15-60. Establishment and membership of community mental health boards.
Status: in_force

Every county, city, town, or political subdivision, or combination of them, establishing a community mental health services program, before it may come within this article, shall establish a community mental health board to be made up of not less than seven nor more than fifteen members. Membership of the boards, so far as may be practicable, must be representatives of local health departments, medical societies, county welfare boards, hospital boards, and lay associations concerned with mental health as well as labor, business, and civic groups, and the general public. At least one member of the board must be a medical doctor licensed to practice medicine in this State. The members must be appointed by the Governor upon the recommendation of a majority of the members of the legislative delegations of the counties participating. The legislative delegations and the Governor shall consider consumer and family representation, including parents of emotionally disturbed children and adolescents, when recommending and appointing members to the board. By resolution a county legislative delegation may delegate to the governing body of the county they represent the authority to recommend board members to the Governor. The resolution is not revocable, and copies of the resolution must be sent to the Governor, the Department of Behavioral Health and Developmental Disabilities, and the governing bodies of the counties concerned. The number of members representing each county must be proportional to its population. The term of office of each member of the community mental health board is four years and until the member's successor is appointed. Vacancies must be filled for the unexpired term in the same manner as original appointments. A member of a board may be removed by the Governor pursuant to the provisions of Section 1-3-240. A person may serve consecutive terms. In Berkeley County, appointments made pursuant to this section are governed by the provisions of Act 159 of 1995. In Dorchester County, appointments made pursuant to this section are governed by the provisions of Act 512 of 1996. In Georgetown County, appointments made pursuant to this section are governed by the provisions of Act 515 of 1996. Code Commissioner's Note At the direction of the Code Commissioner, certain references in the S.C. Code to the State Department of Mental Health, South Carolina Mental Health Commission, Department of Disabilities and Special Needs, Department of Disabilities and Special Needs Commission, Department of Alcohol and Other Drug Abuse Services, and other related terms were changed to reflect the restructuring of these agencies into component offices under the Department of Behavioral Health and Developmental Disabilities, pursuant to 2025 Act No. 3, SECTION 18.
S.C. Code Ann. § 44-43-960 — SC Code / Title 44 / Chapter 43 / Article 11 / Section 44-43-960
SECTION 44-43-960. Permission of, or referral by, medical examiner or coroner.
Status: in_force

If a death is under the jurisdiction of the coroner or medical examiner, as provided in Section 17-5-530, written or verbal permission must be obtained by the organ and tissue procurement organization from the coroner or medical examiner before organ or tissue recovery. A coroner or medical examiner should refer to the designated organ and tissue procurement organization in South Carolina as a potential donor a person whose death occurs outside of a hospital.
S.C. Code Ann. § 44-96-325 — SC Code / Title 44 / Chapter 96 / Article 2 / Section 44-96-325
SECTION 44-96-325. Commercial industrial solid waste landfill; location.
Status: in_force

A commercial industrial solid waste landfill or an expansion permitted after the effective date of this section shall not be located within one thousand feet of a residence, hospital, church, or publicly-owned recreational park areas. For the purpose of this section only, the term "commercial industrial solid waste landfill" means an industrial solid waste landfill which accepts industrial solid waste from more than one generator of industrial solid waste.
S.C. Code Ann. § 44-7-2450 — SC Code / Title 44 / Chapter 7 / Article 20 / Section 44-7-2450
SECTION 44-7-2450. Protection of patient confidentiality; reporting accidents or incidents.
Status: in_force

(A) It is the intent of the General Assembly that a patient's right of privilege or confidentiality must not be violated in any manner. Patient social security numbers and any other information that could be used to identify an individual patient must not be released notwithstanding any other provision of law to the contrary. (B) Nothing in this section affects the duty of a facility or activity licensed by the Department of Health and Environmental Control to report accidents or incidents pursuant to the department's regulations. However, anything reported pursuant to the department's regulations must not be considered to waive any privilege or confidentiality provided in subsection (A).
S.C. Code Ann. § 44-52-80 — SC Code / Title 44 / Chapter 52 / Section 44-52-80
SECTION 44-52-80. Involuntary commitment; notice of hearing.
Status: in_force

After the filing of the petition with the court, the court shall give notice of the hearing to the following persons: (a) the individual for whom involuntary commitment is sought; (b) the parent, spouse, personal representative, or legal guardian, if any; (c) the person filing the petition; (d) the attorney representing the individual for whom involuntary commitment is sought; (e) the head of the treatment facility if the individual is in a treatment facility; and (f) any other person the court determines shall have notice of the proceedings. The notice shall include the date, time, and place of hearing, a clear statement in plain and simple language of the purpose of the proceedings, and the possible consequences to the individual for whom involuntary commitment is sought; a copy of the petition or affidavit and supporting certificates of the examining physician; and the right to the assistance of an attorney, and the appointment of an attorney if the individual named in the petition is unable to afford one.
S.C. Code Ann. § 44-6-200 — SC Code / Title 44 / Chapter 6 / Article 2 / Section 44-6-200
SECTION 44-6-200. Falsification of information; penalties.
Status: in_force

(A) A person who commits a material falsification of information required to determine eligibility for the Medically Indigent Assistance Program is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned for not more than one year, or both. (B) Unless otherwise specified in this chapter, an individual or facility violating this chapter or a regulation under this chapter is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars for the first offense and not more than five thousand dollars for a subsequent offense.
S.C. Code Ann. § 44-71-100 — SC Code / Title 44 / Chapter 71 / Section 44-71-100
SECTION 44-71-100. Rebates, kickbacks, and fee-splitting prohibited.
Status: in_force

Hospices may not participate in, or offer, or imply an offer to participate in the practice known generally as rebate, kickbacks, or fee-splitting arrangements. Effect of Amendment 2017 Act No. 61, SECTION 1, reenacted the section with no apparent change.
S.C. Code Ann. § 44-6-135 — SC Code / Title 44 / Chapter 6 / Article 2 / Section 44-6-135
SECTION 44-6-135. Short title.
Status: in_force

The following sections shall be known and may be cited as the "South Carolina Medically Indigent Assistance Act".
S.C. Code Ann. § 44-43-1410 — SC Code / Title 44 / Chapter 43 / Article 14 / Section 44-43-1410
SECTION 44-43-1410. Donor registry established; membership; terms.
Status: in_force

(A) There is established the South Carolina Organ and Tissue Donor Registry which must be exclusively administered by Donate Life South Carolina. The registry shall include individuals who have indicated a willingness to be an organ and tissue donor by a designation on a driver's license, state identification card, donor card, online, or any other donor registry form or any other document of gift. (B) The purpose of the registry is to: (1) facilitate the recovery of anatomical gifts for transplantation, therapy, research, and education; (2) collect data to develop and evaluate the effectiveness of educational initiatives promoting organ and tissue donation.
S.C. Code Ann. § 44-23-450 — SC Code / Title 44 / Chapter 23 / Article 5 / Section 44-23-450
SECTION 44-23-450. Reexamination of finding of unfitness.
Status: in_force

A finding of unfitness to stand trial under Section 44-23-430 may be reexamined by the court upon its own motion, or that of the prosecuting attorney, the person found unfit to stand trial, his legal guardian, or his counsel. Upon receipt of the petition, the court shall order an examination by two designated examiners whose report shall be submitted to the court and shall include underlying facts and conclusions. The court shall notify the individual, his legal guardian, and his counsel of a hearing at least ten days prior to such hearing. The court shall conduct the proceedings in accordance with Section 44-23-430, except that any petition that is filed within six months after the initial finding of unfitness or within six months after the filing of a previous petition under this section shall be dismissed by the court without a hearing.
S.C. Code Ann. § 44-53-1530 — SC Code / Title 44 / Chapter 53 / Article 14 / Section 44-53-1530
SECTION 44-53-1530. Possessing anabolic steroids without a prescription, or prescribing anabolic steroids, by nonpractitioner, pharmacist, or veterinarian unlawful; penalties.
Status: in_force

It is unlawful for any person who is not a practitioner, pharmacist, or veterinarian to knowingly or intentionally possess anabolic steroids as defined in this article unless the steroids were obtained directly from, or pursuant to a valid prescription or order of, a practitioner while acting in the course of his professional practice. It is unlawful for any person who is not a practitioner, pharmacist, or veterinarian to knowingly or intentionally prescribe, dispense, deliver, or administer anabolic steroids to a person. Any person who violates this article with respect to: (1) prescription, dispensation, delivery, or administration of an anabolic steroid, or delivery of an anabolic steroid to a person for human use without any purpose other than a valid medical purpose, or the sale or delivery of an anabolic steroid to a person for human use without a valid prescription, or the prescription, dispensation, delivery, or administration of an anabolic steroid to a person by any person who is not a practitioner, pharmacist, or veterinarian, is guilty of a felony and, upon conviction, must be punished as follows: (a) for a first offense, imprisoned for a term not to exceed five years or fined in an amount not to exceed five thousand dollars, or both; (b) for a second or subsequent offense, imprisoned for a term not to exceed ten years or fined in an amount not to exceed ten thousand dollars, or both; (2) possession of ten or fewer dosage units of anabolic steroids without a valid prescription is guilty of a misdemeanor and, upon conviction, must be punished as follows: (a) for a first offense, imprisoned for a term not to exceed six months or fined in an amount not to exceed one thousand dollars; (b) for a second or subsequent offense, imprisoned for a term not to exceed one year or fined in an amount not to exceed two thousand dollars, or both; (3) possession of more than ten but fewer than one hundred dosage-units of anabolic steroids without a valid prescription is guilty of a misdemeanor and, upon conviction, must be punished as follows: (a) for a first offense, imprisoned for a term not to exceed one year or fined in an amount not to exceed two thousand dollars, or both; (b) for a second or subsequent offense, imprisoned for a term not to exceed two years or fined in an amount not to exceed three thousand dollars, or both; (4) possession of more than one hundred dosage-units of anabolic steroids without a valid prescription is guilty of a felony and, upon conviction, must be punished as follows: (a) for a first offense, imprisoned for a term not to exceed five years or fined in an amount not to exceed five thousand dollars, or both; (b) for a second or subsequent offense, imprisoned for a term not to exceed ten years or fined in an amount not to exceed ten thousand dollars, or both.
S.C. Code Ann. § 44-7-2120 — SC Code / Title 44 / Chapter 7 / Article 15 / Section 44-7-2120
SECTION 44-7-2120. Exemption of districts from state and local taxes.
Status: in_force

All properties owned by a district, whether real, personal, or mixed, and the income from the properties, all securities issued by a district and the indentures and other instruments executed as security therefor, all leases made pursuant to the provisions of this article, and all revenues derived from these leases, and all deeds and other documents executed by or delivered to a district, are exempt from any and all taxation by the State or by any county, municipality, or other political subdivision of the State, including, but without limitation, license excise taxes imposed in respect of the privilege of engaging in any of the activities in which a district may engage. A district is not obligated to pay or allow any fees, taxes, or costs to the clerk of court, the Secretary of State, or the register of deeds in any county in respect of its incorporation, the amendment of its certificate of incorporation, or the recording of any document. The gross proceeds of the sale of any property owned by the district and used in the construction and equipment of any health care facilities for a district is exempt from all other and similar excise or sales taxes. It is the express intent of this section that any district authorized under this article incurs no tax liability to the State or any of its political subdivisions except to the extent that sales and use taxes may be payable on the purchases of goods or equipment by the district.
S.C. Code Ann. § 44-9-120 — SC Code / Title 44 / Chapter 9 / Section 44-9-120
SECTION 44-9-120. Annual report of commission.
Status: in_force

The Department of Behavioral Health and Developmental Disabilities shall submit an annual report to the Governor before the eleventh day of January of each year setting forth its activities, the financial affairs and the state and condition of the State mental health facilities and any other statistical information which is usually required of facilities of the type over which it has charge. The report shall include any recommendations which in the opinion of the Office of Mental Health will improve the mental health program of the State. A copy of the report shall also be submitted to the General Assembly. Code Commissioner's Note At the direction of the Code Commissioner, certain references in the S.C. Code to the State Department of Mental Health, South Carolina Mental Health Commission, Department of Disabilities and Special Needs, Department of Disabilities and Special Needs Commission, Department of Alcohol and Other Drug Abuse Services, and other related terms were changed to reflect the restructuring of these agencies into component offices under the Department of Behavioral Health and Developmental Disabilities, pursuant to 2025 Act No. 3, SECTION 18.
S.C. Code Ann. § 44-15-70 — SC Code / Title 44 / Chapter 15 / Section 44-15-70
SECTION 44-15-70. Powers and duties of community mental health boards.
Status: in_force

Subject to the provisions of this article and the rules and regulations of the Department of Behavioral Health and Developmental Disabilities, each community mental health board shall: (1) Be the administrative agency for the community mental health services program; and it shall be a body corporate in deed and in law with all the powers incident to corporation, including the power to purchase, lease or sell real and personal property; (2) Employ personnel necessary to carry out the community mental health services program, who shall meet the job specifications as prescribed by the Department of Behavioral Health and Developmental Disabilities and its merit system; (3) Review and evaluate community mental health services provided pursuant to this article and report its findings and recommendations to the Office of Mental Health, the administrator of the local program and, when indicated, the public; (4) Recruit and promote local financial support for the program from private sources such as community chests, business, industrial and private foundations, voluntary agencies and other lawful sources, and promote public support for municipal and county appropriations; (5) Promote, arrange and implement working agreements with other social service agencies, both public and private, and with other educational and judicial agencies; (6) Advise the administrator of the local program on the adoption and implementation of policies to stimulate effective community relations; and (7) Review the annual plan and budget of the local program and make recommendations thereon. Code Commissioner's Note At the direction of the Code Commissioner, certain references in the S.C. Code to the State Department of Mental Health, South Carolina Mental Health Commission, Department of Disabilities and Special Needs, Department of Disabilities and Special Needs Commission, Department of Alcohol and Other Drug Abuse Services, and other related terms were changed to reflect the restructuring of these agencies into component offices under the Department of Behavioral Health and Developmental Disabilities, pursuant to 2025 Act No. 3, SECTION 18.
S.C. Code Ann. § 44-29-10 — SC Code / Title 44 / Chapter 29 / Section 44-29-10
SECTION 44-29-10. Reporting deaths from contagious or infectious diseases and chemical or other terrorism; increased prescription rates of drugs for diseases caused by chemical terrorism or infectious agents.
Status: in_force

(A) In all cases of known or suspected contagious or infectious diseases occurring within this State the attending physician must report these diseases to the county health department within twenty-four hours, stating the name and address of the patient and the nature of the disease. The county health department must report to the Department of Health and Environmental Control all such cases of infectious and contagious diseases as have been reported during the preceding month, these reports to be made upon blanks furnished by the Department of Health and Environmental Control. The Department of Health and Environmental Control must designate the diseases it considers contagious and infectious. The Department of Health and Environmental Control may also designate other diseases for mandatory reporting by physicians. Any physician who fails to comply with the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or be imprisoned for a period not exceeding thirty days. (B) A health care provider, coroner, medical examiner, or any person or entity that maintains a database containing health care data must report all cases of persons who harbor any illness or health condition that may be caused by chemical terrorism, bioterrorism, radiological terrorism, epidemic or pandemic disease, or novel and highly fatal infectious agents and might pose a substantial risk of a significant number of human fatalities or incidents of permanent or long-term disability. The Department of Health and Environmental Control must designate reportable illnesses and health conditions as set forth in subsection (A). (C) A pharmacist must report any unusual or increased prescription rates, unusual types of prescriptions, or unusual trends in pharmacy visits that may be caused by chemical terrorism, bioterrorism, radiological terrorism, epidemic or pandemic disease, or novel and highly fatal infectious agents and might pose a substantial risk of a significant number of human fatalities or incidents of permanent or long-term disability. Prescription-related events that require a report include, but are not limited to: (1) an unusual increase in the number of prescriptions to treat fever, respiratory, or gastrointestinal complaints; (2) an unusual increase in the number of prescriptions for antibiotics; (3) an unusual increase in the number of requests for information on over- the-counter pharmaceuticals to treat fever, respiratory, or gastrointestinal complaints; and (4) any prescription that treats a disease that is relatively uncommon and has bioterrorism potential. (D) The reports of conditions must be made in the form and manner as prescribed by DHEC in regulations concerning infectious diseases. The reports must be made to the Bureau of Disease Control in the manner required in the regulations. When available, clinical information supporting the diagnoses, including results of specific diagnostic tests, must be included. (E) For purposes of this section, the terms chemical terrorism, bioterrorism, and radiological terrorism have the same meanings as provided in Section 44-4-130.
S.C. Code Ann. § 44-69-20 — SC Code / Title 44 / Chapter 69 / Section 44-69-20
SECTION 44-69-20. Definitions.
Status: in_force

As used in this chapter: (1) "Board" shall mean the South Carolina Board of Health and Environmental Control. (2) "Branch office" shall mean a location or site from which a home health agency provides services within a portion of the total geographic area served by the parent agency. The branch office is part of the home health agency and is located sufficiently close to share administration, supervision, and services in a manner that renders it unnecessary for the branch independently to meet the conditions of participation as a home health agency. (3) "Department" shall mean South Carolina Department of Health and Environmental Control. (4) "Home health agency" shall mean public, nonprofit, or proprietary organization, whether owned or operated by one or more persons or legal entities, which furnishes or offers to furnish home health services. (5) "Home health services" shall mean those items and services furnished to an individual by a home health agency, or by others under arrangement with the home health agency, on a visiting basis, and except for subsection "e" below, in a place of temporary or permanent residence used as the individual's home as follows: (a) Part-time or intermittent skilled nursing care as ordered by a physician, an APRN pursuant to Section 40-33-34(D)(2)(h), or a PA pursuant to Section 40-47-935(B)(8) and as provided by or under the supervision of a registered nurse and at least one other service listed below; (b) Physical, occupational or speech therapy; (c) Medical social services, home health aide services and other therapeutic services; (d) Medical supplies and the use of medical appliances; (e) Any of the foregoing items and services which are provided on an outpatient basis under arrangements made by the home health agency with a hospital, nursing care facility, or rehabilitation center and the furnishing of which involves the use of equipment of such a nature that the items and services cannot be readily made available to the individual in his home, or which are furnished at such facility while the patient is there to receive such items or service, but not including transportation of the individual in connection with any such items or services. (6) "License" shall mean a license issued by the Department. (7) "Licensee" shall mean the individual, corporation, or public entity with whom rests the ultimate responsibility for maintaining approved standards for the home health agency. (8) "Parent Home Health Agency" shall mean the agency that develops and maintains administrative controls of subunits or branch offices. (9) "Physician" shall mean an individual currently licensed to practice medicine, surgery, or osteopathy in this State. (10) "Registered Nurse" shall mean an individual who is currently licensed as such in this State. (11) "Subunit" shall mean a semiautonomous organization, which serves patients in a geographic area different from that of the parent agency. The subunit by virtue of the distance between it and the parent agency is judged incapable of sharing administration, supervision, and services on a daily basis with the parent agency and must, therefore, independently meet the conditions of participation for home health agencies. Effect of Amendment 2021 Act No. 55, SECTION 3, in (5)(a), substituted ", an APRN pursuant to Section 40-33-34(D)(2)(h), or a PA pursuant to Section 40-47-935(B)(8) and as provided" for "and provided".
S.C. Code Ann. § 44-29-90 — SC Code / Title 44 / Chapter 29 / Section 44-29-90
SECTION 44-29-90. Examination, treatment, and isolation of persons infected with venereal disease.
Status: in_force

State, district, county, and municipal health officers, in their respective jurisdictions, when in their judgment it is necessary to protect the public health, shall make examination of persons infected or suspected of being infected with a sexually transmitted disease, require persons infected with a sexually transmitted disease to report for treatment appropriate for their particular disease provided at public expense, and request the identification of persons with whom they have had sexual contact or intravenous drug use contact, or both. The health officer may isolate persons infected or reasonably suspected of being infected with a sexually transmitted disease. To the extent resources are available to the Department of Health and Environmental Control for this purpose, when a person is identified as being infected with Human Immunodeficiency Virus (HIV), the virus which causes Acquired Immunodeficiency Syndrome (AIDS), his known sexual contacts or intravenous drug use contacts, or both, must be notified but the identity of the person infected must not be revealed. Efforts to notify these contacts may be limited to the extent of information provided by the person infected with HIV. Public monies appropriated for treatment of persons infected with a sexually transmitted disease must be expended in accordance with priorities established by the department, taking into account the cost effectiveness, curative capacity of the treatment, and the public health benefit to the population of the State.
S.C. Code Ann. § 44-33-370 — SC Code / Title 44 / Chapter 33 / Article 3 / Section 44-33-370
SECTION 44-33-370. Obligation to update contact information.
Status: in_force

A patient is obligated to update contact information that is maintained in the registry after initial registration by a physician in accordance with procedures established by the department.
S.C. Code Ann. § 44-6-910 — SC Code / Title 44 / Chapter 6 / Article 7 / Section 44-6-910
SECTION 44-6-910. Health facilities recognized and designated as providers for underserved patients; when hospital in urban area considered "rural".
Status: in_force

(A) Federally Qualified Health Centers (FQHC's), Rural Health Clinics (RHC's), and Rural Hospitals are recognized and designated as essential community providers for underserved patients which include Medicaid and Medicare recipients, the underinsured, and the uninsured. These populations require more extensive services by community-based providers, and the FQHC's, RHC's, and Rural Hospitals have extensive experience and knowledge in providing quality, cost-effective care for these populations. The State shall include these essential community providers as contracted entities in any formulation of the state health care system. The inclusion of FQHC's, RHC's, and Rural Hospitals as contracted entities in the state health care system recognizes the importance of these providers to South Carolina and assures that the reimbursement to these essential community providers will be funded through cost-based reimbursement or a capitated fee based on reasonable costs. (B) A hospital located in an urban area (MSA County), can be considered "rural" for the purposes of the Medicare Rural Hospital Flexibility Program if it meets the following criteria: (1) enrolled as both a Medicaid and Medicare provider and accepts assignment for all Medicaid and Medicare patients; (2) provides emergency health care services to indigent patients; (3) maintains a twenty-four hour emergency room; (4) staffs fifty or less acute care beds; and (5) located in a county with twenty-five percent or more rural residents, as defined by the most recent United States decennial census.
S.C. Code Ann. § 44-135-30 — SC Code / Title 44 / Chapter 135 / Section 44-135-30
SECTION 44-135-30. Definitions.
Status: in_force

For purposes of this chapter: (1) "Asbestos" means all minerals defined as " asbestos" in 29 CFR 1910, as and if amended. (2) "Asbestos claim" means any claim for damages or other civil or equitable relief presented in a civil action, arising out of, based on, or related to the health effects of exposure to asbestos, including loss of consortium and any other derivative claim made by or on behalf of any exposed person or any representative, spouse, parent, child, or other relative of any exposed person. (3) "Asbestos-related injury" means personal injury or death allegedly caused, in whole or in part, by inhalation or ingestion of asbestos. (4) "Asbestosis" means bilateral interstitial fibrosis of the lungs caused by inhalation of asbestos fibers. (5) "Certified B-reader" means a person who has successfully completed the x-ray interpretation course sponsored by the National Institute for Occupational Safety and Health (NIOSH) and passed the B-reader certification examination for x-ray interpretation and whose NIOSH certification is current at the time of any readings required by this chapter. (6) "Chest x-ray" means chest films that are taken in accordance with accepted medical standards in effect at the time the x-ray was taken. (7) "Claimant" means an exposed person and any person who is seeking recovery of damages for or arising from the injury or death of an exposed person. (8) "Defendant" means a person against whom a claim arising from an asbestos-related injury or a silica-related injury is made. (9) "Exposed person" means a person who is alleged to have suffered an asbestos-related injury or a silica-related injury. (10) "FEV1" means forced expiratory volume in the first second, which is the maximal volume of air expelled in one second during performance of simple spirometric tests. (11) "FVC" means forced vital capacity, which is the maximal volume of air expired with maximum effort from a position of full inspiration. (12) "ILO system of classification" means the radiological rating system of the International Labor Office in "Guidelines for the Use of ILO International Classification of Radiographs of Pneumoconioses", 2000 edition, as amended from time to time by the International Labor Office. (13) "Mesothelioma" means a rare form of cancer allegedly caused in some instances by exposure to asbestos in which the cancer invades cells in the membrane lining of the: (a) lungs and chest cavity (the pleural region); (b) abdominal cavity (the peritoneal region); or (c) heart (the pericardial region). (14) "Nonmalignant asbestos-related injury" means an asbestos-related injury other than mesothelioma or other asbestos-related malignancy. (15) "Physician board certified in internal medicine" means a physician who is certified by the American Board of Internal Medicine. (16) "Physician board certified in occupational medicine" means a physician who is certified in the subspecialty of occupational medicine by the American Board of Preventive Medicine. (17) "Physician board certified in oncology" means a physician who is certified in the subspecialty of medical oncology by the American Board of Internal Medicine. (18) "Physician board certified in pathology" means a physician who holds primary certification in anatomic pathology or clinical pathology from the American Board of Pathology and whose professional practice: (a) is principally in the field of pathology; and (b) involves regular evaluation of pathology materials obtained from surgical or postmortem specimens. (19) "Physician board certified in pulmonary medicine" means a physician who is certified in the subspecialty of pulmonary medicine by the American Board of Internal Medicine. (20) "Physician board certified in radiology" means a physician who is certified by the American Board of Radiology. (21) "Plethysmography" means the test for determining lung volume, also known as "body plethysmography", in which the subject of the test is enclosed in a chamber that is equipped to measure pressure, flow, or volume change. (22) "Predicted lower limit of normal" for any test means the fifth percentile of healthy populations based on age, height, and gender, as referenced in the AMA Guides to the Evaluation of Permanent Impairment (5th Edition) (dated November 2000). (23) "Pulmonary function testing" means spirometry and lung volume testing performed in accordance with Section 44-135-40 using equipment, methods of calibration, and techniques that materially comply with: (a) the criteria incorporated in the American Medical Association Guides to the Evaluation of Permanent Impairment and reported in 20 C.F.R. Part 404, Subpart P, Appendix 1, Part (A), Sections 3.00(E) and (F)(2003), as amended from time to time by the American Medical Association; and (b) the interpretative standards in the Official Statement of the American Thoracic Society entitled "Lung Function Testing: Selection of Reference Values and Interpretative Strategies", as published in 144 American Review of Respiratory Disease 1202-1218 (1991), as amended from time to time by the American Thoracic Society. (24) "Radiological evidence" of asbestosis or pleural thickening means a chest x-ray evaluated by a certified B-reader, a radiologist, a physician board certified in pulmonary medicine, occupational medicine, internal medicine, oncology, or pathology using the ILO System of classification. The chest x-ray shall be a quality 1 x-ray according to that ILO System, although if the certified B-reader, board certified pulmonologist, or board certified radiologist confirms that a quality 2 x-ray film is of sufficient quality to render an accurate reading under the ILO System of classification and no quality 1 x-ray films are available, then the necessary radiologic findings may be made with the quality 2 x-ray film which is the subject of the confirmation above. Also, in a death case where no pathology is available, the necessary radiologic findings may be made with a quality 2 x-ray film if a quality 1 x-ray film is not available. (25) "Report" means a report required by Section 44-135-50 or 44-135-60. (26) "Respirable" with respect to silica, means particles that are less than ten microns in diameter. (27) "Serve" means to serve notice on a party in compliance with the South Carolina Rules of Civil Procedure. (28) "Silica" means a naturally occurring, respirable form of crystalline silicon dioxide, including quartz, cristobalite, and tridymite. (29) "Silica claim" means any claim for damages or other civil or equitable relief presented in a civil action, arising out of, based on, or related to the health effects of exposure to silica, including loss of consortium and any other derivative claim made by or on behalf of any exposed person or any representative, spouse, parent, child, or other relative of any exposed person. (30) "Silica-related injury" means personal injury or death allegedly caused, in whole or in part, by inhalation of silica. (31) "Silicosis" means fibrosis of the lungs caused by inhalation of silica, including: (a) acute silicosis, which may occur after exposure to very high levels of silica within a period of months to five years after the initial exposure; (b) accelerated silicosis; and (c) chronic silicosis.
S.C. Code Ann. § 44-48-115 — SC Code / Title 44 / Chapter 48 / Section 44-48-115
SECTION 44-48-115. Ineffective assistance of counsel.
Status: in_force

(A) A resident committed to the South Carolina Sexually Violent Predator Treatment Program shall have the right to challenge the commitment and subsequent periodic reviews based on the ineffective assistance of counsel during the resident's commitment trial or periodic review proceedings. The resident shall have the burden of proof to establish ineffective assistance of counsel in accordance with the applicable law. (B) Petitions shall be filed in the original jurisdiction of the South Carolina Supreme Court under the South Carolina Appellate Court Rules within one hundred eighty days of the date that any appeals from the commitment or periodic review proceedings are final. Upon the receipt of the petition, the Clerk of Court of the Supreme Court shall issue an order designating a circuit court or appellate court judge as a referee to make appropriate findings of fact and conclusions of law and shall report the findings and conclusions to the Supreme Court. The designated judge shall have the statewide authority to issue orders as necessary. (C) Except as provided in this chapter, the South Carolina Rules of Civil Procedure and the South Carolina Rules of Evidence apply to cases filed pursuant to this section, in evidentiary hearings before the designated hearing judge. (D) The named respondent shall be the Department of Behavioral Health and Developmental Disabilities. A copy of the petition shall be served on the Department of Behavioral Health and Developmental Disabilities and the South Carolina Attorney General's Office. (E) Upon the filing of a petition alleging that the resident is indigent and desires appointed counsel, the designated judge shall appoint an attorney to represent the resident. Counsel shall be appointed from the contract attorney list of post-conviction counsel maintained by the South Carolina Commission on Indigent Defense, or such other list of attorneys as the Executive Director of the South Carolina Commission on Indigent Defense shall designate. If no attorney is available from this list, then the designated circuit court judge shall appoint an attorney from the Appointment of Lawyers for Indigents. The designated judge shall not appoint an attorney who previously represented the resident in any prior criminal proceedings underlying the commitment or state post-conviction relief proceedings or appeals from those proceedings, in the original sexually violent predator civil commitment proceeding or appeal from that proceeding, or in any previous or present periodic reviews or appeals therefrom. (F) The designated judge shall authorize by court order to the particular county clerks of court the disclosure of any pleadings, evidence, transcripts, or other documents filed in any circuit court or appellate court clerk's office of this State in any case in which the resident was a defendant, respondent, or party to a criminal action or an action under the Sexually Violent Predator Act that was ordered sealed. These materials shall be unsealed for the limited purpose of providing items to the appointed counsel for the resident or the resident himself, if he elects to proceed pro se, and to the Department of Behavioral Health and Developmental Disabilities and its attorneys. (G) Regardless of whether the resident indicates that he has served the Department of Behavioral Health and Developmental Disabilities, the Clerk of Court of the South Carolina Supreme Court shall forward the filed petition and all accompanying papers to the Department of Behavioral Health and Developmental Disabilities' Office of General Counsel, as the agent for the service of process for the Department of Behavioral Health and Developmental Disabilities, and a copy to the Attorney General's Office. The Department of Behavioral Health and Developmental Disabilities, through the Attorney General's Office acting as its representative, shall file its responsive pleading within thirty days of the receipt of the order appointing counsel, or within thirty days of the receipt of the petition, if counsel is retained, or the receipt of the petition, if the resident is proceeding pro se without a request for counsel at the time of the filing. (H) In the event that a habeas petition alleging ineffective assistance of counsel claims relating to the resident's commitment or periodic review is filed before the conclusion of the resident's appeal from such proceeding, the Clerk of the Supreme Court shall dismiss the petition without prejudice and without requiring a response from the Department of Behavioral Health and Developmental Disabilities. (I) Within thirty days of an assignment, the designated judge shall issue a scheduling order, including a discovery schedule, and shall set a hearing within not more than one hundred eighty days from the filing of the petition. A final report to the Supreme Court shall be submitted within thirty days from the conclusion of the hearing, including findings of fact and conclusions of law supporting the designated judge's recommendation. This does not preclude the designated judge from recommending to the Supreme Court that the petition be denied on the basis of the pleadings without a hearing. The recommendation shall set forth the basis for dismissal. (J) Upon receipt by the Supreme Court of the findings and conclusions of the designated judge, the Clerk of the Supreme Court may set forth an appropriate briefing schedule. The clerk may consider expediting the matter to determine whether the writ of habeas corpus should be granted and the appropriate relief. The court may also issue, as appropriate, orders relating to whether intervening and on-going statutory status review proceedings or appeals from the proceedings are affected in any manner by the habeas corpus actions in its original jurisdiction. Code Commissioner's Note At the direction of the Code Commissioner, certain references in the S.C. Code to the State Department of Mental Health, South Carolina Mental Health Commission, Department of Disabilities and Special Needs, Department of Disabilities and Special Needs Commission, Department of Alcohol and Other Drug Abuse Services, and other related terms were changed to reflect the restructuring of these agencies into component offices under the Department of Behavioral Health and Developmental Disabilities, pursuant to 2025 Act No. 3, SECTION 18.
S.C. Code Ann. § 44-107-70 — SC Code / Title 44 / Chapter 107 / Section 44-107-70
SECTION 44-107-70. Duration of debarment.
Status: in_force

Upon issuance of any final decision under this chapter requiring debarment of a contractor, grantee, or individual, the contractor, grantee, or individual is ineligible for award of any contract or grant by any state agency for a period specified in the decision of at least one year but not to exceed five years.
S.C. Code Ann. § 44-7-680 — SC Code / Title 44 / Chapter 7 / Article 5 / Section 44-7-680
SECTION 44-7-680. Oath of trustees; organization as board.
Status: in_force

The trustees shall within ten days after their appointment qualify by taking the oath required of other officers of the State and organize as a board of hospital trustees by the election of one of their number as chairman and one as secretary and by the election of such other officers as they may deem necessary. But no bonds shall be required of them.
S.C. Code Ann. § 44-17-550 — SC Code / Title 44 / Chapter 17 / Article 7 / Section 44-17-550
SECTION 44-17-550. Notice of hearing and rights.
Status: in_force

Notice of the hearing must be given to the person, his counsel, and other interested persons at least five days before the hearing. Notice must include the time, date, and place of the hearing, the underlying facts, and the standards under which the person is sought to be committed. A copy of the designated examiners report must be provided to the person's counsel. The notice of hearing also must include a statement advising the recipient that the person may request the names of the designated examiners and other persons who may testify in favor of his commitment and the substance of their proposed testimony.
S.C. Code Ann. § 44-38-70 — SC Code / Title 44 / Chapter 38 / Article 1 / Section 44-38-70
SECTION 44-38-70. Council to submit annual report.
Status: in_force

The council shall submit an annual report to the Joint Committee to Study Problems of Persons with Disabilities including, but not limited to, the incidence and status of head and spinal cord injuries in South Carolina, the administration of the system and recommendations for modifications in the system, and for improving the delivery of services to persons with these injuries.
S.C. Code Ann. § 44-52-10 — SC Code / Title 44 / Chapter 52 / Section 44-52-10
SECTION 44-52-10. Definitions.
Status: in_force

(1) "Chemical dependency" means a chronic disorder manifested by repeated use of alcohol or other drugs to an extent that it interferes with a person's health, social, or economic functioning; some degree of habituation, dependence, or addiction may be implied. (2) "Chemically dependent person in need of emergency commitment" means a person who is suffering from chemical dependency and, as a result of this condition, poses a substantial risk of physical harm to himself or others if not immediately provided with emergency care and treatment. (3) "Patient" means a person who is under the care and treatment of a treatment facility as a chemically dependent person. (4) "Treatment facility" means any facility licensed or approved by the Department of Health and Environmental Control equipped to provide for the care and treatment of chemically dependent persons including the Division of Alcohol and Drug Addiction Services of the Office of Mental Health, and any other treatment facility approved by the Office Director of the Office of Mental Health. (5) "Licensed physician" means an individual licensed under the laws of this State to practice medicine or a medical officer of the Government of the United States while in this State in the performance of his official duties. (6) "Head of a treatment facility" means the individual in charge of a treatment facility or his designee. (7) "Treatment" means the broad range of emergency, outpatient, inpatient services and care, including diagnostic evaluation, medical, psychiatric, psychological, or social service care, rehabilitation, and counseling which may be extended to a chemically dependent person. (8) "Individualized treatment plan" means a plan developed during a patient's period of treatment in a treatment facility and which is specifically tailored to the individual patient's needs. Each plan shall clearly state: (a) treatment goals and objectives based upon and related to a proper evaluation, which may be reasonably achieved within a designated time interval; (b) treatment methods and procedures to be used to obtain these goals; (c) identification of the types of professional personnel who shall carry out these procedures; and (d) documentation of patient involvement. (9) "Division" means the Division of Alcohol and Drug Addiction Services of the Office of Mental Health, a component office of the Department of Behavioral Health and Developmental Disabilities. (10) "Court" means the Probate Court. (11) "Chemically dependent person in need of involuntary commitment" means a person who is suffering from chemical dependency as demonstrated by: (a) recent overt acts or recent expressed acts of violence; (b) episodes of recent serious physical problems related to the habitual and excessive use of drugs or alcohol, or both; (c) incapacitation by drugs or alcohol, or both, on a habitual and excessive basis as evidenced by numerous appearances before the court within the preceding twelve months, repeated incidences involving law enforcement, multiple prior treatment episodes, or testimony by family or by members of the community known to the person relating to a lifestyle adversely affected by alcohol or drugs, or both. Code Commissioner's Note At the direction of the Code Commissioner, certain references in the S.C. Code to the State Department of Mental Health, South Carolina Mental Health Commission, Department of Disabilities and Special Needs, Department of Disabilities and Special Needs Commission, Department of Alcohol and Other Drug Abuse Services, and other related terms were changed to reflect the restructuring of these agencies into component offices under the Department of Behavioral Health and Developmental Disabilities, pursuant to 2025 Act No. 3, SECTION 18.
S.C. Code Ann. § 44-7-180 — SC Code / Title 44 / Chapter 7 / Article 3 / Section 44-7-180
SECTION 44-7-180. Health planning committee; appointment, composition, terms, and allowances; State Health Plan; fees to cover costs of certificate of need program.
Status: in_force

(A) There is created a health planning committee comprised of fourteen members. The Governor shall appoint twelve members, which must include at least one member from each congressional district. In addition, each of the following groups must be represented among the Governor's appointees: health care consumers, health care financiers, including business and insurance, and health care providers, including an administrator of a licensed for-profit nursing home. The chairman of the board shall appoint one member. The South Carolina Consumer Advocate or the Consumer Advocate's designee is an ex officio nonvoting member. Members appointed by the Governor are appointed for four-year terms, and may serve only two consecutive terms. Members of the health planning committee are allowed the usual mileage and subsistence as provided for members of boards, committees, and commissions. The committee shall elect from among its members a chairman, vice chairman, and such other officers as the committee considers necessary to serve a two-year term in that office. (B) With the advice of the health planning committee, the department shall prepare a South Carolina Health Plan for use in the administration of the Certificate of Need program provided in this article. The plan at a minimum must include: (1) an inventory of existing health care facilities, beds, specified health services, and equipment; (2) projections of need for additional health care facilities, beds, health services, and equipment; (3) standards for distribution of health care facilities, beds, specified health services, and equipment including scope of services to be provided, utilization, and occupancy rates, travel time, regionalization, other factors relating to proper placement of services, and proper planning of health care facilities; and (4) a general statement as to the project review criteria considered most important in evaluating Certificate of Need applications for each type of facility, service, and equipment, including a finding as to whether the benefits of improved accessibility to each such type of facility, service, and equipment may outweigh the adverse affects caused by the duplication of any existing facility, service, or equipment. The South Carolina Health Plan must address and include projections and standards for specified health services and equipment which have a potential to substantially impact health care cost and accessibility. Nothing in this provision shall be construed as requiring the department to approve any project which is inconsistent with the South Carolina Health Plan. (C) Upon approval by the health planning committee, the South Carolina Health Plan must be submitted at least once every two years to the board for final revision and adoption. Once adopted by the board, the plan may later be revised through the same planning and approval process. The department shall adopt by regulation a procedure to allow public review and comment, including regional public hearings, before adoption or revision of the plan.
S.C. Code Ann. § 44-44-90 — SC Code / Title 44 / Chapter 44 / Section 44-44-90
SECTION 44-44-90. Reports.
Status: in_force

The department shall report annually, beginning within two years of this program becoming operational, to the General Assembly and the Governor and shall make copies of the report available to the public. The report may include data about birth defects in South Carolina including, but not limited to, analysis of incidence and trends and mortality and outcomes. The report must contain only aggregate data and may not identify any individual.
S.C. Code Ann. § 44-74-30 — SC Code / Title 44 / Chapter 74 / Section 44-74-30
SECTION 44-74-30. Prohibited conduct.
Status: in_force

(A) No person, other than a licensed practitioner or a radiologic technologist possessing a certificate from the South Carolina Radiation Quality Standards Association may use ionizing radiation or equipment emitting or detecting ionizing radiation on humans for diagnostic or therapeutic purposes. (B) No person knowingly may employ or designate as a radiologic technologist a person who does not hold a certificate issued by the South Carolina Radiation Quality Standards Association. (C) No person holding a certificate issued by the South Carolina Radiation Quality Standards Association may use radioactive substances or equipment emitting or detecting ionizing radiation on humans for diagnostic or therapeutic purposes unless under the direction and supervision of a licensed practitioner and unless so directed by prescription of a licensed practitioner. (D) No person who is not certified by the South Carolina Radiation Quality Standards Association shall take, use, or exhibit the title of "limited practice radiographer", "podiatric limited practice radiographer", "limited chest radiographer", "radiographer", "radiation therapist", or "nuclear medicine technologist", or any other title, sign, display, or declaration that tends to lead the public to believe that the person is authorized to apply ionizing radiation on humans for diagnostic or therapeutic purposes. (E) No person, other than a licensed practitioner, may operate any x-ray machinery in the health care setting, including a hospital, a mobile or temporary health care setting, or the office of a person licensed to practice any health care profession pursuant to any chapter of Title 40 of the Code of Laws of South Carolina without possessing a current valid certificate from the South Carolina Radiation Quality Standards Association.
S.C. Code Ann. § 44-69-10 — SC Code / Title 44 / Chapter 69 / Section 44-69-10
SECTION 44-69-10. Short title.
Status: in_force

This chapter may be cited as the "Licensure of Home Health Agencies Act".
S.C. Code Ann. § 44-115-70 — SC Code / Title 44 / Chapter 115 / Section 44-115-70
SECTION 44-115-70. Records not to be withheld because of unpaid medical bills.
Status: in_force

Medical records may not be withheld because of an unpaid bill for medical services.
S.C. Code Ann. § 44-77-140 — SC Code / Title 44 / Chapter 77 / Section 44-77-140
SECTION 44-77-140. No presumption as to intent to arise from absence of declaration; other legal rights not impaired.
Status: in_force

The absence of a declaration by an adult patient does not give rise to a presumption as to his intent to consent to or refuse life-sustaining procedures. This chapter applies only to persons who have executed a declaration in accordance with this chapter. Nothing in this chapter impairs any other legal right or legal responsibility which a person may have to effect the withholding or withdrawal or the provision of life-sustaining procedures in any lawful manner.
S.C. Code Ann. § 44-7-140 — SC Code / Title 44 / Chapter 7 / Article 3 / Section 44-7-140
SECTION 44-7-140. Department as sole agency for control of program.
Status: in_force

The department is designated the sole state agency for control and administration of the granting of Certificates of Need and licensure of health facilities and other activities necessary to be carried out under this article.
S.C. Code Ann. § 44-7-2125 — SC Code / Title 44 / Chapter 7 / Article 15 / Section 44-7-2125
SECTION 44-7-2125. Authority of public bodies to convey health care facilities and other property to districts.
Status: in_force

Any municipality or county, any public hospital corporation, or any other public agency, authority, or body are authorized to transfer, convey to any district, with or without consideration any health care facilities or other properties, real or personal, and all funds and assets tangible or intangible, including ownership or operation of any health care facilities or properties and including funds presently held or to be held as a result of future appropriations, together with all liabilities relating to assets including hospital bonded indebtedness. The transfer or conveyance must be authorized by an ordinance or resolution duly adopted by the governing body of the municipality or county or by the board of directors or other governing body of the public hospital corporation, or other public agency, authority, or body, as the case may be, and it is not necessary, any provision of law to the contrary notwithstanding, to obtain any certificate of need, assurance of need, or other similar permit for any transfer or conveyance. This exemption applies solely to the initial transfers following a reorganization and does in no event waive the requirement of a certificate of need after the initial transfers. In the event of the transfer of any health care facilities to the district, any hospital tax proceeds, other tax proceeds and other revenues apportioned or allocated to or for the benefit of the prior owner or operator of the health care facilities, or for the patient care at the health care facility must thereafter be paid to the district so long as the tax is levied or revenue is raised. Following the transfer, assets will not be revalued to alter public health care program reimbursement.
S.C. Code Ann. § 44-22-90 — SC Code / Title 44 / Chapter 22 / Section 44-22-90
SECTION 44-22-90. Communications with mental health professionals privileged; exceptions.
Status: in_force

(A) Communications between patients and mental health professionals including general physicians, psychiatrists, psychologists, psychotherapists, nurses, social workers, or other staff members employed in a patient therapist capacity or employees under supervision of them are considered privileged. The patient may refuse to disclose and may prevent a witness from disclosing privileged information except as follows: (1) communications between facility staff so long as the information is provided on a "need-to-know" basis; (2) in involuntary commitment proceedings, when a patient is diagnosed by a qualified professional as in need of commitment to a mental health facility for care of the patient's mental illness; (3) in an emergency where information about the patient is needed to prevent the patient from causing harm to himself or others; (4) information related through the course of a court-ordered psychiatric examination if the information is admissible only on issues involving the patient's mental condition; (5) in a civil proceeding in which the patient introduces his mental condition as an element of his claim or defense, or, after the patient's death, when the condition is introduced by a party claiming or defending through or as a beneficiary of the patient, and the court finds that it is more important to the interests of justice that the communication be disclosed than the relationship between the patient and psychiatrist be protected; (6) when a competent patient gives consent or the guardian of a patient adjudicated as incompetent gives consent for disclosure; (7) as otherwise authorized or permitted to be disclosed by statute. (B) This does not preclude disclosure of information to the Governor's ombudsman office or to the South Carolina Protection and Advocacy System for the Handicapped, Inc.
S.C. Code Ann. § 44-41-33 — SC Code / Title 44 / Chapter 41 / Article 1 / Section 44-41-33
SECTION 44-41-33. Court order granting or denying minor right to obtain abortion.
Status: in_force

(A) The court shall enter a written order stating findings of fact and conclusions of law in support of its decision to: (1) grant the minor the right on her own behalf to consent to the abortion if the court finds that the minor is mature and well-informed enough to make the abortion decision on her own; (2) grant consent for the abortion if the court finds that the performance of the abortion would be in the minor's best interest; or (3) deny the petition if the court finds that the minor is immature and that performance of the abortion would not be in the minor's best interest. If the father of the child born after the denial of the petition is identified by adjudication, he shall share in the expenses of the delivery and rearing of the child as determined by the court. Orders issued under this item shall specify that the minor shall have the right to counseling services, appropriate prenatal care, delivery, neonatal, and post-natal care, the cost of which may be paid by the State. Additionally, the State shall have subrogation rights against the father for payments made by the State on behalf of the child. (B) The court shall immediately issue a written order to the minor, her guardian ad litem, attorney, or other person designated by the minor to receive notice on her behalf.
S.C. Code Ann. § 44-80-90 — SC Code / Title 44 / Chapter 80 / Section 44-80-90
SECTION 44-80-90. No presumption of patient's intent in absence of POST form; decisions regarding life-sustaining procedures; patient's wishes.
Status: in_force

(A) The absence of a POST form does not give rise to a presumption concerning the intent of a patient with respect to the consent to or refusal of life-sustaining procedures. A health care provider or health care facility must be guided by the patient's stated wishes, or if unable to consent or otherwise communicate, the wishes as stated by the patient's surrogate decision maker as provided in Section 44-66-30 of the Adult Health Care Consent Act, as well as the established standards of care. (B) Nothing in this chapter may be interpreted to interfere with the right of an individual to make decisions regarding use of life-sustaining procedures as long as the individual is able to do so, or to impair or supersede any right or responsibility that any legal representative or other authorized person has to order the withholding or withdrawal of medical care in any lawful manner. In that respect, the provisions of this chapter are cumulative. (C) The execution of a POST form is always voluntary and is for a person with an advanced illness. The POST form records a patient's wishes for medical treatment in the patient's current state of health. Preferred medical treatment as stated by the patient on the POST form may be changed at any time by the patient or a designated health care representative or health care agent of the patient to reflect the patient's new wishes. While no form can anticipate and address all medical treatment decisions that may need to be made, an advance health care directive applies regardless of health status. An advance directive allows a patient to document in detail future health care instructions and to name a health care agent to speak on the patient's behalf if the patient is unable to communicate to ensure that the patient's advance directive wishes as to life-sustaining medical treatment are fulfilled.
S.C. Code Ann. § 44-7-1490 — SC Code / Title 44 / Chapter 7 / Article 11 / Section 44-7-1490
SECTION 44-7-1490. Approval of construction or other work on facilities required.
Status: in_force

The county board shall not undertake the acquisition, construction, expansion, equipping or financing of any hospital facilities unless and until such approval of the Department of Health and Environmental Control for such undertaking as may be required under Article 3, Chapter 7, Title 44, shall have been obtained.
S.C. Code Ann. § 44-77-130 — SC Code / Title 44 / Chapter 77 / Section 44-77-130
SECTION 44-77-130. Chapter not to be construed to authorize or approve mercy killing.
Status: in_force

Nothing in this chapter may be construed to authorize or approve mercy killing, or to permit any affirmative or deliberate act or omission to end life other than to permit the natural process of dying.
S.C. Code Ann. § 44-115-160 — SC Code / Title 44 / Chapter 115 / Section 44-115-160
SECTION 44-115-160. Mammogram report requirements.
Status: in_force

A mammography report must be provided to a patient by the mammogram provider, and this report must include information about breast density based on the requirements of the Breast Imaging Reporting and Data System established by the American College of Radiology. Where applicable, this report must include: (1) a notice in conspicuous language which states: "Your mammogram shows that your breast tissue is dense. Dense tissue is common and is not abnormal. However, dense breast tissue can make it harder to evaluate the results of your mammogram and also may be associated with an increased risk of breast cancer. This information about the results of your mammogram is given to you to raise your awareness and to inform your conversations with your doctor. Together, you can decide which screening options are right for you. A report of your results was sent to your physician."; and (2) consumer or patient information available from the American College of Radiology about breast density and mammogram reports. Editor's Note 2016 Act No. 168, SECTION 1, provides as follows: "SECTION 1. This act is entitled 'Hope's Law'."
S.C. Code Ann. § 44-7-2515 — SC Code / Title 44 / Chapter 7 / Article 21 / Section 44-7-2515
SECTION 44-7-2515. Purpose of article.
Status: in_force

The purpose of this article is to provide early intervention services to infants and toddlers with disabilities in accordance with Subchapter IV, Chapter 33, Title 20, U.S. Code Annotated, contingent upon appropriation of federal funds for Subchapter IV.
S.C. Code Ann. § 44-34-90 — SC Code / Title 44 / Chapter 34 / Section 44-34-90
SECTION 44-34-90. Applicability to physicians and surgeons.
Status: in_force

This chapter does not restrict the activities of a physician or surgeon licensed pursuant to the laws of this State.
S.C. Code Ann. § 44-55-650 — SC Code / Title 44 / Chapter 55 / Article 7 / Section 44-55-650
SECTION 44-55-650. Materials used in construction.
Status: in_force

All septic tanks shall be constructed of such materials as shall be required by the rules and regulations and specifications promulgated by the county board of health.
S.C. Code Ann. § 44-20-240 — SC Code / Title 44 / Chapter 20 / Article 3 / Section 44-20-240
SECTION 44-20-240. Organizational structure.
Status: in_force

The office has authority over all of the state's services and programs for the treatment and training of persons with an intellectual disability, related disabilities, head injuries, and spinal cord injuries. This authority does not include services delivered by other agencies of the State as prescribed by statute. The office must be comprised of, at a minimum, an Intellectual Disability Division, an Autism Division, and a Head and Spinal Cord Injuries Division. The office may be divided into additional divisions as may be determined by the office director and approved by the department's director. Responsibility for all autistic services is transferred from the Office of Mental Health to the Office of Intellectual and Developmental Disabilities. Effect of Amendment 2025 Act No. 3, SECTION 8, rewrote the section.
S.C. Code Ann. § 44-3-120 — SC Code / Title 44 / Chapter 3 / Article 3 / Section 44-3-120
SECTION 44-3-120. Creation and membership of Advisory Council.
Status: in_force

There is also hereby created the Catawba Health District Advisory Council. Membership of the Advisory Council shall consist of sixteen members and shall be based upon population and community needs of the district. The initial membership shall consist of three members from Chester County, five members from Lancaster County and eight members from York County, who shall be appointed by the Governor upon the recommendation of the legislative delegations of the respective counties. The members of the Advisory Council shall serve for a term of four years or until their successors are appointed and qualify, except that eight of the sixteen members of the initial Board shall serve for an initial term of two years. The eight members having two-year terms shall be chosen by lot. Advisory Council members shall be appointed for terms commencing July 1, 1973.
S.C. Code Ann. § 44-59-30 — SC Code / Title 44 / Chapter 59 / Section 44-59-30
SECTION 44-59-30. Staff support; agency cooperation.
Status: in_force

(A) The North Carolina Department of Environmental and Natural Resources and the South Carolina Department of Health and Environmental Control shall provide staff support and facilities to each commission within the existing programs of the respective agencies. (B) All agencies of the State of North Carolina and the State of South Carolina shall cooperate with the commissions and, upon request, shall assist each commission in fulfilling its responsibilities. The North Carolina Secretary of Environmental and Natural Resources and the Commissioner of the South Carolina Department of Health and Environmental Control or their designees shall each serve as the liaison between their respective state agencies and each commission.
S.C. Code Ann. § 44-61-520 — SC Code / Title 44 / Chapter 61 / Article 5 / Section 44-61-520
SECTION 44-61-520. Trauma care standards and regulations; revocation of designation; fines.
Status: in_force

(A) The Department of Health and Environmental Control, with the advice of the Trauma Advisory Council, established pursuant to Section 44-61-530, may develop standards and promulgate regulations for the creation and establishment of a State Trauma Care System to promote access to trauma care for all residents of the State. (B) In developing this system, the department shall take into consideration current recognized national standards for trauma care systems including, but not limited to, standards for trauma care cited in "Resources for Optimal Care of the Injured Patient" adopted by the American College of Surgeons' Committee on Trauma and the guidelines for trauma care systems adopted by the American College of Emergency Physicians. (C) All authority and responsibility for the Trauma Care System is vested in the department and the department may: (1) establish minimum standards for levels of designation as a trauma center, consistent with this article, through regulations promulgated by the department; (2) require facilities applying for trauma center designation or other participation in the Trauma Care System to submit an application in a manner and form prescribed by the department; (3) conduct on-site inspections and reviews of facilities seeking designation or participation in the Trauma Care System. As part of this process, the department may review or request records and other information it considers reasonably necessary to determine a facility's ability to comply with the minimum trauma care standards set by the department for a particular level or type of designation; (4) when appropriate, designate applicant hospitals as trauma centers, which are authorized to provide a level of trauma care based on criteria established pursuant to this article; (5) periodically verify, or inspect, or both, designated trauma centers and other participating providers to assure compliance with the provisions of this article and regulations promulgated pursuant to this article. Information received by the department through filed reports, inspections, or as otherwise authorized under this article must not be disclosed publicly in such a manner as to identify individuals or hospitals or other participating providers except in proceedings involving the denial, change, or revocation of a trauma center designation or type, the imposition of a fine, or the determination that a provider is no longer eligible to participate in the Trauma Care System; (6) promote access to quality trauma care by encouraging facilities in all areas of the State to participate in the trauma system and to attempt to meet the minimum standards as established by the department pursuant to this article; (7) oversee a continuing quality improvement system for the statewide Trauma Care System. (D) Within one year of the effective date of regulations promulgated pursuant to this article, a trauma center designated prior to the effective date of this article, which wishes to remain a designated trauma center, must comply with the provisions of this article and submit an application and obtain approval by the department to maintain its status as a designated trauma center. (E)(1) The department may immediately revoke or change a trauma center's designation if the trauma center fails to meet prescribed requirements for designation at a particular level or no longer meets established standards and criteria. (2) The department may immediately determine that a participating facility or provider is no longer eligible for participation in the trauma system and remove that provider from the system or impose a fine, or both, if the facility or provider no longer meets established standards and criteria. (F) The department may fine any provider or facility that displays an inaccurate trauma center designation or holds itself out to be a designated trauma care center or participating trauma care system provider without first obtaining the department's approval and meeting established criteria for participation or designation or provides false information to the department or otherwise violates the conditions of this article or regulations promulgated pursuant to this article. The department may also levy fines on any licensed emergency medical service provider found out of compliance with this or other related emergency medical service statutes or regulations. Maximum and minimum fine limits must be established in regulation. (G) The Trauma Care Fund, established pursuant to Section 44-61-540, may retain fines collected pursuant to this article up to an amount of twenty-five thousand dollars per fiscal year. Amounts collected in excess of twenty-five thousand dollars per fiscal year must be deposited into the general fund of the State. (H) An appeal of a department decision involving an application, the revocation or changing of a designation, or a decision involving fines imposed under this article are governed by the Administrative Procedures Act.
S.C. Code Ann. § 44-2-70 — SC Code / Title 44 / Chapter 2 / Section 44-2-70
SECTION 44-2-70. Financial responsibility of underground storage tank owners and operators.
Status: in_force

(A) At the time the federal government mandates financial responsibility for underground storage tank owners or operators, the owner or operator of an underground storage tank containing petroleum or petroleum products shall maintain financial responsibility in the lesser amount of that required by the federal government or in the amount of twenty-five thousand dollars for site rehabilitation and for compensating third parties for property damage and bodily injury arising from the operation of petroleum underground storage tanks per occurrence with an annual aggregate of twenty-five thousand dollars. Financial responsibility requirements may be maintained through insurance, guarantee, surety bond, letter of credit, self-insurance, risk retention group, or any other method satisfactory to the department. No insurance policy, guarantee, surety bond, or any other financial responsibility mechanism which is executed to provide this or additional amounts of coverage shall contain any terms, endorsements, conditions, provisions, or other language that requires expenditures of funds from the Superb Account or the Superb Financial Responsibility Fund prior to or in lieu of payment by the mechanism, and no such financial responsibility mechanism which has previously been executed shall operate so as to require the expenditure of funds from the Superb Account or Superb Financial Responsibility Fund until funds provided by the financial responsibility mechanisms have been exhausted. The owner or operator shall demonstrate evidence of financial responsibility to the department. (B) The department shall promulgate regulations specifying requirements for maintaining evidence of financial responsibility, consistent with the provisions of this chapter, for taking corrective action and compensating third parties for bodily injury and property damage caused by accidental releases arising from operating an underground storage tank. The funds established in Section 44-2-40, for the purposes of these regulations, are acceptable mechanisms for maintaining this financial responsibility by owners and operators of underground storage tanks above twenty-five thousand dollars. (C) The funds established in Section 44-2-40, combined with the financial responsibility required by this section, may be used by owners and operators of underground storage tanks to demonstrate their compliance with any financial responsibility requirements promulgated under federal regulation.
S.C. Code Ann. § 44-66-80 — SC Code / Title 44 / Chapter 66 / Section 44-66-80
SECTION 44-66-80. Other laws mandating or allowing testing or treatment without consent unaffected.
Status: in_force

No provision in this chapter affects the ability of a state agency or health care provider working in conjunction with a state agency to conduct testing or provide treatment which is mandated or allowed by other provisions of law.
S.C. Code Ann. § 44-7-2050 — SC Code / Title 44 / Chapter 7 / Article 15 / Section 44-7-2050
SECTION 44-7-2050. Officers of board of directors; compensation; term of office.
Status: in_force

The board, at its initial meeting, shall elect one of its members as chairman, one as vice-chairman, and one as secretary. The officers shall serve for a term of two years and until their successors are elected and qualify. Members of the board shall serve without compensation, but shall be reimbursed for actual expenses incurred while in the performance of authorized duties.
S.C. Code Ann. § 44-93-80 — SC Code / Title 44 / Chapter 93 / Section 44-93-80
SECTION 44-93-80. Treatment and disposal of infectious waste.
Status: in_force

(A) Infectious waste treated must be treated at a facility meeting the requirements of Section 44-93-120. (B) Infectious waste must be treated as soon as practicable by one of the following treatment methods in accordance with the regulations promulgated under this chapter and any other applicable state or federal law and regulations: (1) incineration; (2) steam sterilization; (3) chemical disinfectant; or (4) any other department-approved treatment method. (C) After treatment, the waste may be disposed of as any other waste if it is not subject to any other state or federal regulation. (D) The following infectious waste may be disposed of pursuant to regulation before treatment: (1) an approved liquid or semi-liquid waste may be discharged directly into a department-approved wastewater disposal system; and (2) recognizable human anatomical remains may be disposed of by interment.
S.C. Code Ann. § 44-7-2151 — SC Code / Title 44 / Chapter 7 / Article 16 / Section 44-7-2151
SECTION 44-7-2151. Meaning of "health care facility" and "public hospital corporation."
Status: in_force

The terms "health care facilities" and "public hospital corporation" for purposes of this article have the same meanings as provided in Section 11A of Act 490 of 1976.
S.C. Code Ann. § 44-6-150 — SC Code / Title 44 / Chapter 6 / Article 2 / Section 44-6-150
SECTION 44-6-150. Medically Indigent Assistance Program; reporting of charges for sponsored patients; duties of commission; duty to provide unreimbursed medical care to indigent persons.
Status: in_force

(A) There is created the South Carolina Medically Indigent Assistance Program administered by the department. The program is authorized to sponsor inpatient hospital care for which hospitals shall receive no reimbursement. A general hospital equipped to provide the necessary treatment shall: (1) admit a patient sponsored by the program; and (2) accept the transfer of a patient sponsored by the program from a hospital which is not equipped to provide the necessary treatment. In addition to or in lieu of an action taken affecting the license of the hospital, when it is established that an officer, employee, or member of the hospital medical staff has violated this section, the South Carolina Department of Health and Environmental Control shall require the hospital to pay a civil penalty of up to ten thousand dollars. (B) Hospital charges for patients sponsored by the Medically Indigent Assistance Program must be reported to the Revenue and Fiscal Affairs Office pursuant to Section 44-6-170. (C) In administering the Medically Indigent Assistance Program, the department shall determine: (1) the method of administration including the specific procedures and materials to be used statewide in determining eligibility for the program; (a) In a nonemergency, the patient shall submit the necessary documentation to the patient's county of residence or its designee to determine eligibility before admission to the hospital. (b) In an emergency, the hospital shall admit the patient pursuant to Section 44-7-260. If a hospital holds the patient financially responsible for all or a portion of the inpatient hospital bill, and if the hospital determines that the patient could be eligible for the program, it shall forward the necessary documentation along with the patient's bill and other supporting information to the patient's county of residence or its designee for processing. A county may request that all hospital bills incurred by its residents sponsored by the program be submitted to the county or its designee for review. (2) the population to be served, including eligibility criteria based on family income and resources. Eligibility is determined on an episodic basis for a given spell of illness. Eligibility criteria must be uniform statewide and may include only those persons who meet the program's definition of medically indigent; (3) the health care services covered; (4) a process by which an eligibility determination can be contested and appealed; and (5) the program may not sponsor a patient until all other means of paying for or providing services have been exhausted. This includes Medicaid, Medicare, health insurance, employee benefit plans, or other persons or agencies required by law to provide medical care for the person. Hospitals may require eligible patients whose gross family income is between one hundred percent and two hundred percent of the federal poverty guidelines, to make a copayment based on a sliding payment scale developed by the department based on income and family size. (D) Nothing in this section may be construed as relieving hospitals of their Hill-Burton obligation to provide unreimbursed medical care to indigent persons.
S.C. Code Ann. § 44-7-690 — SC Code / Title 44 / Chapter 7 / Article 5 / Section 44-7-690
SECTION 44-7-690. Treasurer.
Status: in_force

The treasurer of the county, township, city or town in which the hospital or tuberculosis camp is located shall be the treasurer of the board of trustees. He shall receive and pay out all moneys under the control of the board as directed by it.
S.C. Code Ann. § 44-7-1070 — SC Code / Title 44 / Chapter 7 / Article 7 / Section 44-7-1070
SECTION 44-7-1070. Persons who may be patients.
Status: in_force

Any hospital established under the provisions of this article shall be primarily for the use and benefit of the inhabitants of the municipality owning and operating it, but in no event shall this article be construed as compelling such hospital to admit charity patients, it being the intent hereof that payment shall be made to the hospital for all patients according to the established rates, in order to operate the hospital, as far as possible, on a self-supporting basis. However, the board of trustees may admit nonresident patients from contributing districts, as hereinafter defined, upon the same rate basis as established for residents of the municipality, or they may admit nonresident patients from outside the municipality and outside contributing districts upon a higher rate basis than established and charged residents of the municipality and contributing districts, if such higher rates are deemed advisable and necessary to keep the hospital on a self-supporting basis. The board of trustees may also enter into contracts with any hospital benefit association permitted under the laws of this State to insure for hospital care and accept insured patients from within the municipality or from contributing districts or from other outside areas, if the facilities permit and beds are available. It may further authorize the admission and care of charity patients upon payment of approved charity rates by county or municipal governments or by payment from any charitable organization or eleemosynary corporation.
S.C. Code Ann. § 44-29-160 — SC Code / Title 44 / Chapter 29 / Section 44-29-160
SECTION 44-29-160. Health certificates for employees in schools and child care facilities.
Status: in_force

Any person applying for a position in any of the public or private schools, kindergartens, nurseries, or day care centers for infants and children of the State shall, as a prerequisite to employment, secure a health certificate from a licensed physician certifying that such person does not have tuberculosis in an active stage.
S.C. Code Ann. § 44-6-1115 — SC Code / Title 44 / Chapter 6 / Article 9 / Section 44-6-1115
SECTION 44-6-1115. Uniform ambulance assessment fee.
Status: in_force

The department shall charge every ambulance service a uniform ambulance assessment fee. The fee must equal the product of the ratio of the ambulance service's net revenue to all ambulance services' net revenue statewide multiplied by the total ambulance services assessment amount. The department shall establish each ambulance service's fee amount using the best data available as determined by the department in consultation with the South Carolina EMS Association and shall update each ambulance service's fee amount on a periodic basis, but at least annually, as updated information becomes available. All ambulance services, regardless of payment model, shall be charged a fee including, but not limited to, ambulance services using fee-for-service and managed care arrangements. An ambulance service's liability to pay the fee shall, in the case of a transfer of ownership, be assumed by the successor-in-interest to the ambulance service.
S.C. Code Ann. § 44-26-30 — SC Code / Title 44 / Chapter 26 / Section 44-26-30
SECTION 44-26-30. Right to representation by counsel.
Status: in_force

A person with intellectual disability has the right to be represented by counsel when involuntarily committed to the Office of Intellectual and Developmental Disabilities pursuant to Section 44-20-450. Code Commissioner's Note At the direction of the Code Commissioner, certain references in the S.C. Code to the State Department of Mental Health, South Carolina Mental Health Commission, Department of Disabilities and Special Needs, Department of Disabilities and Special Needs Commission, Department of Alcohol and Other Drug Abuse Services, and other related terms were changed to reflect the restructuring of these agencies into component offices under the Department of Behavioral Health and Developmental Disabilities, pursuant to 2025 Act No. 3, SECTION 18.
S.C. Code Ann. § 44-61-670 — SC Code / Title 44 / Chapter 61 / Article 6 / Section 44-61-670
SECTION 44-61-670. Duties of department; confidentiality of health care information.
Status: in_force

(A) The department, in consultation with the Stroke System of Care Advisory Council, shall: (1) provide assistance for sharing information and data among health care providers on ways to improve the quality of care; (2) facilitate the communication and analysis of health information and data among health care professionals providing care for individuals with stroke; (3) collect data regarding the transition of care to community-based follow-up care in hospital outpatient, physician office, and ambulatory clinic settings for ongoing care after hospital discharge following acute treatment for a stroke; (4) set expectations for hospitals and emergency medical services agencies to report data on the treatment of individuals with suspected stroke within the statewide system of stroke care; and (5) establish a Stroke Registry Task Force, as a subcommittee of the Stroke System of Care Advisory Council, which shall maintain a statewide stroke registry database that compiles information and statistics on stroke care that align with the stroke consensus metrics developed and approved by the American Heart Association, American Stroke Association, Centers for Disease Control and Prevention, and the Joint Commission. The department shall utilize the stroke registry data platform of "Get With The Guidelines-Stroke" or another nationally recognized data set platform with confidentiality standards no less secure. To every extent possible, the department shall coordinate with national voluntary health organizations involved in stroke quality improvement to avoid duplication and redundancy. (6) The Stroke Registry Task Force shall: (a) analyze data generated by the statewide stroke registry database on stroke care; (b) identify potential interventions to improve stroke care in geographic areas or regions of the State; and (c) provide recommendations to the department and the General Assembly for the improvement of stroke care in the State. (B) Except to the extent necessary to address continuity of care issues, health care information must not be provided in a format that contains individually identifiable information about a patient. The sharing of health care information containing individually identifiable information about patients must be limited to that information necessary to address continuity of care issues, and otherwise must be in accordance with, and subject to, the confidentiality provisions required by applicable state and federal law, including, but not limited to, the federal Health Insurance Portability and Accountability Act and regulations pursuant to that act.
S.C. Code Ann. § 44-55-100 — SC Code / Title 44 / Chapter 55 / Article 1 / Section 44-55-100
SECTION 44-55-100. Authority granted department to carry out article.
Status: in_force

To carry out the provisions and purposes of this article, the department may: (1) enter into agreements, contracts, or cooperative arrangements, under the terms and conditions as it considers appropriate, with other state, federal, or interstate agencies, municipalities, educational institutions, local health departments, or other organizations or individuals; (2) receive financial and technical assistance from the federal government and other public or private agencies; (3) participate in related programs of the federal government, other states, interstate agencies, or other public or private agencies or organizations and collect and file such reports, surveys, inventories, data, and information which may be required by the federal Safe Drinking Water Act; (4) establish and collect fees for collecting samples and conducting laboratory analyses as may be necessary.
S.C. Code Ann. § 44-54-110 — SC Code / Title 44 / Chapter 54 / Section 44-54-110
SECTION 44-54-110. Defenses; liability of law enforcement officer or agency.
Status: in_force

(A) It is a defense to any action brought pursuant to this chapter that the person who possessed with the intent to distribute or distributed an illegal controlled substance did so under the authority of law as a licensed physician or practitioner, as an ultimate user of the illegal controlled substance pursuant to a lawful prescription, or as a person otherwise authorized by law. (B) A law enforcement officer or agency, the State, or any person acting at the direction of a law enforcement officer or agency of the State is not liable for participating in the marketing of an illegal controlled substance, if the participation is in furtherance of an official investigation.
S.C. Code Ann. § 44-6-610 — SC Code / Title 44 / Chapter 6 / Article 5 / Section 44-6-610
SECTION 44-6-610. Citation of article.
Status: in_force

This article may be cited as the "Gap Assistance Pharmacy Program for Seniors (GAPS) Act".
S.C. Code Ann. § 44-56-425 — SC Code / Title 44 / Chapter 56 / Article 4 / Section 44-56-425
SECTION 44-56-425. Applicability of article; Drycleaning Facility Exemption certificates.
Status: repealed

(A) Notwithstanding another provision of this article, this article does not apply to a drycleaning facility that possesses a drycleaning facility exemption certificate issued by the Department of Revenue on or after July 1, 2009. A drycleaning facility exemption certificate may be issued by the Department of Revenue only if the drycleaning facility meets all of the following requirements: (1) the drycleaning facility was in existence on July 1, 1995; (2)(a) the drycleaning facility has only drycleaned with nonhalogenated drycleaning fluids; or (b) the drycleaning facility drycleaned with halogenated drycleaning fluids and nonhalogenated drycleaning fluids and elected to remove the site from the requirements of this article by notification made to the Department of Revenue before October 1, 1995; (3)(a) the drycleaning facility never participated in the fund through payment of any surcharges or fees imposed pursuant to this article; or (b) paid an initial registration fee in 1995 and operated as an exempt drycleaning facility the following year and subsequent years up until 2009. A drycleaning facility described pursuant to subsection (A)(3)(b) of this section shall have any payments made after July 1, 2009, refunded by the Department of Revenue; (4) the drycleaning facility requested a drycleaning facility exemption certificate from the Department of Revenue by December 31, 2009; and (5) the department has verified that the drycleaning facility has met the requirements contained in items (1) through (4) for the issuance of the drycleaning facility exemption certificate to the drycleaning facility. (B) If the ownership or operation of a drycleaning facility that possesses a drycleaning facility exemption certificate is transferred to another person after December 31, 2009, the new owner or operator shall request and must be provided an updated drycleaning facility exemption certificate from the Department of Revenue; otherwise the certificate remains current. (C) The drycleaning facility exemption certificate authorized pursuant to this section only applies to the physical location at which the drycleaning took place and is not transferable to any other physical location. (D)(1) This article does not apply to dry drop-off facilities where the clothing or other fabrics are cleaned only by a drycleaning facility that meets all of the following conditions: (a) the drycleaning facility is owned or operated by the same person that owns or operates the dry drop-off facility and the drycleaning facility has been issued a drycleaning facility exemption certificate pursuant to this section; (b) the owner or operator of the drycleaning facility, or related entity, does not own or operate a drycleaning facility that is required to participate in the fund through payment of surcharges or fees imposed pursuant to this article; and (c) the owner or operator of the drycleaning facility, or related entity, does not own any property on which a drycleaning facility is protected by the moratorium pursuant to Section 44-56-420(B). (2) This article does not apply to dry drop-off facilities where the clothing or other fabrics are cleaned only by a drycleaning facility that complies with subsection (D)(1), and the dry drop-off facility is not being operated at a property on which a drycleaning facility is protected by the moratorium pursuant to Section 44-56-420(B). (3) If an owner or operator of a drycleaning facility, or related entity, who complies with subsection (D)(1), purchases the business of a drycleaning facility that participates in the fund, and the owner or operator uses that location only as a dry drop-off facility, this article will not apply to that dry drop-off facility if the drycleaning business was closed and not operating when it was purchased. (E) A drycleaning facility that is in possession of a drycleaning facility exemption certificate is permanently barred from receiving monies from the fund, and the moratorium provided for in Section 44-56-420(B) does not apply. (F) The department may direct the Department of Revenue in writing to allow a property owner to register if the property owner can demonstrate to the department that they have not been notified pursuant to Section 44-56-435(A) and did not have reason to know of this article for more than ninety days prior to requesting registration. The property owner registering pursuant to this subsection is liable for payment of all taxes or fees, including interest, from the later of July 1, 1995, or the date the drycleaning facility began operating; however, the registering property owner is not liable for penalties. Editor's Note 2004 Act No. 237, SECTION 11, provides in part as follows: "The repeal or amendment of a code section by this act does not release or extinguish any tax, fee, interest, penalty, forfeiture, or liability for any period prior to the repeal or amendment. The repealed or amended code section or act must be treated as remaining in force for the purpose of sustaining any proper action or prosecution for the enforcement of the tax, fee, interest, penalty, forfeiture, or liability."
S.C. Code Ann. § 44-6-470 — SC Code / Title 44 / Chapter 6 / Article 4 / Section 44-6-470
SECTION 44-6-470. Fines; use of funds collected.
Status: in_force

Any use of funds collected by the department as a result of the imposition of civil monetary penalties or other enforcement actions must be for a purpose related to the protection of the health and property of residents of nursing homes that participate in the Medicaid program. These funds may be used for the cost of relocating residents to other nursing homes, if necessary, and also may be used to reimburse residents for personal funds lost as a result of violations of the requirements for participation in the Medicaid program by the nursing home. In addition, these funds may be used for other costs directly associated with enforcement or corrective measures at facilities found to be out of compliance with the requirements for participation in the Medicaid program or for any other purpose that enhances or improves the health and quality of life for residents. These requirements for the use of funds collected also apply to funds received by the department that are collected as the result of enforcement actions directed by federal authorities.
S.C. Code Ann. § 44-20-1120 — SC Code / Title 44 / Chapter 20 / Article 7 / Section 44-20-1120
SECTION 44-20-1120. Raising of money for construction of improvements.
Status: in_force

The Department of Behavioral Health and Developmental Disabilities may raise monies for the construction of improvements under the terms and conditions of this article. Code Commissioner's Note At the direction of the Code Commissioner, certain references in the S.C. Code to the State Department of Mental Health, South Carolina Mental Health Commission, Department of Disabilities and Special Needs, Department of Disabilities and Special Needs Commission, Department of Alcohol and Other Drug Abuse Services, and other related terms were changed to reflect the restructuring of these agencies into component offices under the Department of Behavioral Health and Developmental Disabilities, pursuant to 2025 Act No. 3, SECTION 18.
S.C. Code Ann. § 44-55-50 — SC Code / Title 44 / Chapter 55 / Article 1 / Section 44-55-50
SECTION 44-55-50. Recreational activities in reservoirs.
Status: in_force

(A) In establishing regulations, procedures, and standards under Section 44-55-30 and in exercising supervisory powers under Section 44-55-40 the board or department must not prohibit or fail to include provisions for recreational activities including boating, water skiing, fishing, and swimming in any reservoir without first making and publishing specific findings that these recreational activities would be injurious to the public health and assigning with particularity the factual basis and reasons for these decisions. (B) If the board or department determines that these recreational activities would be injurious to the public health it shall cause to have published at least once a week for six consecutive weeks in a newspaper of general circulation in the county or area affected a summary of its findings. Any citizen of this State who objects to the findings of the board or department is entitled to request a public hearing, which the board or department shall conduct within thirty days after the request. The public hearing must be a formal evidentiary hearing where testimony must be recorded. After the hearing the board or department shall review its initial findings and shall within thirty days after the hearing affirm or reevaluate its findings in writing and give notice to known interested parties. The findings of the board or department may be appealed to the circuit court, which is empowered to modify or overrule the findings if the court determines the findings to be arbitrary or unsupported by the evidence. Notice of intention to appeal must be served on the board or department within fifteen days after it has affirmed or reevaluated its initial findings and copies also must be served on known interested parties. (C) A public water system utilizing a fully owned and protected watershed as its water supply is exempt from this section.
S.C. Code Ann. § 44-6-1020 — SC Code / Title 44 / Chapter 6 / Article 8 / Section 44-6-1020
SECTION 44-6-1020. Adoption of bylaws; election of chairman and vice chairman; compensation; meetings; public comment on clinical and patient care data from Medicaid providers.
Status: in_force

The committee shall adopt bylaws that include, at a minimum, the length of membership. A chairman and a vice chairman shall be elected on an annual basis from the committee membership. Committee members must not be compensated for service to the committee. However, committee members may be reimbursed for actual and necessary expenses incurred by discharging committee duties in an amount not to exceed the mileage and subsistence amounts allowed by law for members of boards, commissions, and committees. The committee must meet at least quarterly and may meet at other times in the chairman's or the director's discretion. Committee meetings are subject to the provisions of the Freedom of Information Act. The department shall publish notice of regular business meetings of the committee at least thirty days before the meeting. However, the director or chairman may call special meetings of the committee and provide notice as soon as practical. The committee must provide for public comment, including comment on clinical and patient care data from Medicaid providers, representatives of the pharmaceutical industry, and patient advocacy groups. Proprietary information as defined in the trade secret law shall not be discussed. Trade secrets as defined in Section 30-4-40(a)(1) and relevant federal law must not be publicly disclosed.
S.C. Code Ann. § 44-53-1490 — SC Code / Title 44 / Chapter 53 / Article 13 / Section 44-53-1490
SECTION 44-53-1490. Private causes of action; action by municipality.
Status: in_force

(A) A violation of this article does not give rise to a private cause of action. However, this article does not prohibit a person from commencing an action for damages or injunctive relief pursuant to other law; and this article does not prohibit an action by a municipality or other governmental entity for damages or injunctive relief or an action authorized by other law or regulation. (B) This section does not prohibit the introduction of evidence of failure to comply with the provisions of this article in establishing the appropriate standard of care in the other action.
S.C. Code Ann. § 44-6-1110 — SC Code / Title 44 / Chapter 6 / Article 9 / Section 44-6-1110
SECTION 44-6-1110. Definitions.
Status: in_force

As used in this article: (1) "Ambulance service" means any entity defined in Section 44-61-20, which is currently certified or licensed by the Department of Health and Environmental Control pursuant to Chapter 61, Title 44, but does not include a municipal fire or police department or any other county, district, municipality, or metropolitan government or agency that provides emergency medical services, entities that exclusively provide air ambulance services, and providers that are required to pay the indigent care assessment tax pursuant to the South Carolina Medically Indigent Assistance Act. (2) "Department" means the South Carolina Department of Health and Human Services. (3) "Fee" means the ambulance assessment fee authorized by this article. (4) "Net revenue" means gross revenue collected by ambulance services for emergency ground transportations and, to the extent permitted for a permissible health care-related tax under Section 1903b(w) of the Social Security Act, revenue collected by ambulance services for other transports less bad debt, charity care, and payer discounts. (5) "Total ambulance service assessment amount" means an amount not less than one quarter of one percent lower than the maximum limit for a provider assessment pursuant to 42 C.F.R. 433.68(f).
S.C. Code Ann. § 44-22-100 — SC Code / Title 44 / Chapter 22 / Section 44-22-100
SECTION 44-22-100. Confidentiality of records; exceptions; violations and penalties.
Status: in_force

(A) Certificates, applications, records, and reports made for the purpose of this chapter or Chapter 9, Chapter 11, Chapter 13, Chapter 15, Chapter 17, Chapter 20, Chapter 23, Chapter 24, Chapter 25, Chapter 27, or Chapter 52, and directly or indirectly identifying a mentally ill or alcohol and drug abuse patient or former patient or individual whose commitment has been sought, must be kept confidential, and must not be disclosed unless: (1) the individual identified or the individual's guardian consents; (2) a court directs that disclosure is necessary for the conduct of proceedings before the court and that failure to make the disclosure is contrary to public interest; (3) disclosure is required for research conducted or authorized by the Office of Mental Health or the Office of Substance Use Services and with the patient's consent; (4) disclosure is necessary to cooperate with law enforcement, health, welfare, and other state or federal agencies, or when furthering the welfare of the patient or the patient's family; (5) disclosure to a court of competent jurisdiction is necessary for the limited purpose of providing a court order to SLED in order to submit information to the federal National Instant Criminal Background Check System (NICS), established pursuant to the Brady Handgun Violence Prevention Act of 1993, Pub.L. 103-159, and in accordance with Article 10, Chapter 31, Title 23; or (6) disclosure is necessary to carry out the provisions of this chapter or Chapter 9, Chapter 11, Chapter 13, Chapter 15, Chapter 17, Chapter 20, Chapter 23, Chapter 24, Chapter 25, Chapter 27, or Chapter 52. (B) Nothing in this section: (1) precludes disclosure, upon proper inquiry, of information as to a patient's current medical condition to members of the patient's family, or the Governor's Office of Ombudsman; or (2) requires the release of records of which disclosure is prohibited or regulated by federal law. (C) A person who violates this section is guilty of a misdemeanor, and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than one year, or both. Code Commissioner's Note At the direction of the Code Commissioner, certain references in the S.C. Code to the State Department of Mental Health, South Carolina Mental Health Commission, Department of Disabilities and Special Needs, Department of Disabilities and Special Needs Commission, Department of Alcohol and Other Drug Abuse Services, and other related terms were changed to reflect the restructuring of these agencies into component offices under the Department of Behavioral Health and Developmental Disabilities, pursuant to 2025 Act No. 3, SECTION 18. Editor's Note 2013 Act No. 22, SECTION 3, provides as follows: "SECTION 3. A court required to submit information to SLED pursuant to this act concerning individuals who have been adjudicated as a mental defective or who have been committed to a mental institution shall, from the effective date of this act forward, submit information by court order within five days from the filing of each order and in accordance with procedures developed as required by this act and have one year from this act's effective date to submit retroactive information by court order on such individuals going back a minimum of ten years or, if records are not available as far back as ten years, as far back as records exist."
S.C. Code Ann. § 44-24-50 — SC Code / Title 44 / Chapter 24 / Section 44-24-50
SECTION 44-24-50. Periodic notification to voluntarily admitted child and parent or guardian of right to release.
Status: in_force

When admitted to the residential program or facility, thirty days after the date of admission, and every six months after, a voluntarily admitted child must be informed in writing of his right to release in language which is appropriate for his age. The child shall sign a statement to that effect which becomes a part of that child's record. The child's parent or legal guardian or other interested person must be informed also and shall sign a statement to that effect which becomes a part of the child's record.
S.C. Code Ann. § 44-70-40 — SC Code / Title 44 / Chapter 70 / Section 44-70-40
SECTION 44-70-40. Regulations.
Status: in_force

The department shall promulgate regulations for the licensure of in-home care providers. The department must include the following standards and procedures in developing regulations: (1) license application and renewal procedures; (2) criminal record checks for licensure applicants, which may include criminal offenses that preclude licensure; (3) drug testing of licensure applicants; (4) responsibilities and duties of a licensee, including requirements for bonding, record keeping, and reporting; (5) fees the department may charge to process an application for a license, the issuance of a license, the renewal of a license, and the reinstatement of a revoked or suspended license; (6) criteria that a licensee's employee, agent, independent contractor, or referral must satisfy before providing in-home care service. These criteria must include, but are not limited to, personal information, completion of a minimum education requirement, completion of minimum training and continuing education requirements, and screening for communicable diseases; (7) standards for liability and other appropriate insurance coverage; and (8) sanctions that the department may impose for a violation of this chapter, including the suspension or revocation of a license or the imposition of a monetary penalty. Sanctions imposed may be appealed pursuant to Section 44-1-60. Editor's Note 2011 Act No. 18, SECTION 3, provides as follows: "This act takes effect upon approval by the Governor, except the licensure requirements of Section 44-70-30 of the 1976 Code, as added by Section 1 of this act, become effective upon the effective date of regulations promulgated by the Department of Health and Environmental Control pursuant to Section 44-70-40, as added by Section 1 of this act."
S.C. Code Ann. § 44-2-115 — SC Code / Title 44 / Chapter 2 / Section 44-2-115
SECTION 44-2-115. Eligibility requirements to be applied to favor eligibility; qualified site remains qualified until correction and compensation; petition for matter to be heard as contested case; reconsideration by mediation panel.
Status: in_force

The department shall apply the eligibility requirements set forth in this chapter in a manner favoring eligibility. Once the department determines that a release at a site qualifies for compensation from the Superb Account, coverage for that release shall continue to be provided, notwithstanding the issuance of a no action letter, until corrective action is undertaken and the owner or operator is compensated by the Superb Account. If the department denies an owner's or operator's request for compensation from the Superb Account, the owner or operator may file a petition with an Administrative Law Judge for the matter to be heard as a contested case under the Administrative Procedures Act. Concurrently with the filing of a petition with the Administrative Law Judge, the owner or operator may request reconsideration of the department's denial by a mediation panel appointed by the director of the department. The mediation panel shall meet with the owner or operator and thereafter make a recommendation for settlement to the director or the director's designee. The mediation process must be completed within four weeks from denial of compensation. If a satisfactory settlement is not reached, the owner or operator may then proceed with the hearing before the Administrative Law Judge.
S.C. Code Ann. § 44-128-30 — SC Code / Title 44 / Chapter 128 / Section 44-128-30
SECTION 44-128-30. Annual reports.
Status: in_force

The department shall report annually by January first of each year to the Governor, the Senate Finance Committee, and the House Ways and Means Committee on the activities and effectiveness of the Youth Smoking Prevention Plan.
S.C. Code Ann. § 44-3-10 — SC Code / Title 44 / Chapter 3 / Article 1 / Section 44-3-10
SECTION 44-3-10. Municipal corporations may maintain boards of health; supervisory control.
Status: in_force

Municipal corporations of this State may establish and maintain a board of health which shall be authorized by the governing body of the municipality. The composition and method of selection of the board shall be within the discretion of the governing body of the municipality. The duties and powers of the board shall be designated by such governing body. However, the board and its employees shall function under the administration, control, guidance and direction of the Department of Health and Environmental Control. The rules and regulations or operational procedures of any board established hereunder shall not be in conflict with any rule, regulation, or procedure of the Department of Health and Environmental Control, and in the event of any conflict, the rules, regulations and procedures of the Department of Health and Environmental Control shall prevail. Municipal boards of health shall, when requested by the Department of Health and Environmental Control, make reports on their activities to the Department of Health and Environmental Control.
S.C. Code Ann. § 44-77-20 — SC Code / Title 44 / Chapter 77 / Section 44-77-20
SECTION 44-77-20. Definitions.
Status: in_force

As used in this chapter: (1) "Declarant" means a person who has signed a declaration in accordance with Sections 44-77-40 and 44-77-50, in accordance with earlier, current, or future versions of this chapter, or in accordance with the law of another state if the declaration provided for by the law expresses an intent that is substantially the same as the intent of the declaration provided in Section 44-77-40. (2) "Life-sustaining procedures" means any medical procedures or intervention which would serve only to prolong the dying process and where, in the judgment of the attending physician, death will occur whether or not the procedures are utilized. Life-sustaining procedures do not include the administration of medication or other treatment for comfort care or alleviation of pain. The declarant shall indicate in the declaration whether the provision of nutrition and hydration through medically or surgically implanted tubes is to be treated as a life-sustaining procedure. Pursuant to a lawfully executed declaration if the declarant fails to give instructions by initialing the appropriate statements concerning nutrition and hydration, nutrition and hydration necessary for comfort care or alleviation of pain will be provided. (3) "Physician" means a person licensed to practice medicine. (4) "Terminal condition" means an incurable or irreversible condition that, within reasonable medical judgment, could cause death within a reasonably short period of time if life-sustaining procedures are not used. (5) "Active treatment" means the standard of reasonable professional care that would be rendered by a physician to a patient in the absence of a declaration including, but not limited to, hospitalization and medication. (6) "Person" means an individual, partnership, committee, association, corporation, hospital, or other organization or group. (7) "Permanent unconsciousness" means a medical diagnosis, consistent with accepted standards of medical practice, that a person is in a persistent vegetative state or some other irreversible condition in which the person has no neocortical functioning, but only involuntary vegetative or primitive reflex functions controlled by the brain stem.
S.C. Code Ann. § 44-56-215 — SC Code / Title 44 / Chapter 56 / Article 2 / Section 44-56-215
SECTION 44-56-215. Assessment of fees against companies generating hazardous waste.
Status: in_force

The department is authorized to assess each company generating hazardous waste a fee based on the amount of hazardous waste generated. A large quantity generator, as determined by Regulation 61-79.262, producing more than one hundred tons of hazardous waste per year shall be assessed an annual base fee of one thousand dollars per facility and a one dollar and fifty cents per ton fee for all hazardous waste the company generates. A large quantity generator producing one hundred tons or less of hazardous waste shall be assessed an annual fee of one thousand dollars. A small quantity generator shall be assessed an annual fee of five hundred dollars. Fees collected pursuant to this section shall not exceed an annual cost of fifteen thousand dollars per generator. Companies subject to fees required by Section 44-56-170(F)(1) are exempt from fees established by this section. The fees collected pursuant to this section shall be deposited to the Hazardous Waste Contingency Fund for response actions at uncontrolled hazardous waste sites.
S.C. Code Ann. § 44-7-1890 — SC Code / Title 44 / Chapter 7 / Article 13 / Section 44-7-1890
SECTION 44-7-1890. Property and income of district shall be exempt from taxes.
Status: in_force

Property and income of the district shall be exempt from all taxes levied by the State, county or any municipality, political subdivision or agency thereof, direct or indirect.
S.C. Code Ann. § 44-52-160 — SC Code / Title 44 / Chapter 52 / Section 44-52-160
SECTION 44-52-160. Violation of conditions of release; supplemental proceedings and recommitment.
Status: in_force

If a person who was involuntarily committed violates the conditions of his release including a failure to adhere to an outpatient treatment program as ordered by the court, the court may, upon a written affidavit of the head of the treatment facility or the director of a treatment program under whose supervision the person was released, and upon notice to the person and his counsel, order a supplemental hearing and further order inpatient treatment. The probate court issuing the order shall maintain jurisdiction over the person for the purpose of supplemental proceedings. If a person who violates the conditions of his release is in such a condition that he poses a substantial risk of physical harm to himself or others, the court may, upon a written affidavit of the head of the treatment facility or the director of a treatment program under whose supervision the person was released, order the patient to be returned to the treatment facility from which he was released pending the conduct of a supplemental hearing which must be held within seventy-two hours from the time of admission to the facility. Any person with respect to whom further involuntary inpatient treatment is ordered as a result of the supplemental hearing, may be recommitted for a period of treatment not to exceed sixty days.
S.C. Code Ann. § 44-24-20 — SC Code / Title 44 / Chapter 24 / Section 44-24-20
SECTION 44-24-20. Voluntary admission; notification of guardian ad litem.
Status: in_force

(A) If a child is found to be a proper subject for voluntary admission, the director of a treatment program or facility shall admit for treatment an individual who is: (1) sixteen years of age or older and who applies for admission; (2) under sixteen years of age if his parent or legal guardian applies for admission on his behalf. (B) A governmental agency, acting as legal guardian, admitting a child voluntarily, shall notify the child's guardian ad litem within forty-eight hours. If a guardian ad litem has not been appointed, the agency shall petition the court for appointment within seventy-two hours.
S.C. Code Ann. § 44-7-1820 — SC Code / Title 44 / Chapter 7 / Article 13 / Section 44-7-1820
SECTION 44-7-1820. Membership of board of directors.
Status: in_force

The corporate powers and duties of the district shall be exercised and performed by a board of directors (hereinafter called the board) to be composed of four members from Florence County, three members from Darlington County, two members each from Chesterfield, Dillon, Marion and Marlboro Counties appointed by the Governor upon recommendation of the legislative delegations of the respective counties, including resident Senators if any.
S.C. Code Ann. § 44-26-80 — SC Code / Title 44 / Chapter 26 / Section 44-26-80
SECTION 44-26-80. Appeal of decisions concerning services or treatment provided.
Status: in_force

A client or his representative has the right to appeal decisions concerning the services or treatment provided by the Office of Intellectual and Developmental Disabilities, county/multicounty board, or contracted service provider. A human rights committee established in Section 44-26-70 shall review and advise on grievances concerning applicants or clients receiving services. The office shall establish policies and procedures for the review of grievances and the appeal of decisions. The office director has final authority. Code Commissioner's Note At the direction of the Code Commissioner, certain references in the S.C. Code to the State Department of Mental Health, South Carolina Mental Health Commission, Department of Disabilities and Special Needs, Department of Disabilities and Special Needs Commission, Department of Alcohol and Other Drug Abuse Services, and other related terms were changed to reflect the restructuring of these agencies into component offices under the Department of Behavioral Health and Developmental Disabilities, pursuant to 2025 Act No. 3, SECTION 18.
S.C. Code Ann. § 44-22-200 — SC Code / Title 44 / Chapter 22 / Section 44-22-200
SECTION 44-22-200. Move of patient to less restrictive setting; court approval required for move to more restrictive setting.
Status: in_force

The head of a treatment facility may move a patient to a less restrictive setting without court approval if the move is consistent with the goals and objectives of the individualized treatment plan. The head of the treatment facility may not move a patient to a more restrictive setting without court approval.
S.C. Code Ann. § 44-81-60 — SC Code / Title 44 / Chapter 81 / Section 44-81-60
SECTION 44-81-60. Grievance procedures; review by department.
Status: in_force

Each facility shall establish grievance procedures to be exercised by or on behalf of the resident to enforce the rights provided by this act. The department shall review and approve these grievance procedures annually. This act is enforced by the department. The department may promulgate regulations to carry out the provisions of this act.
S.C. Code Ann. § 44-49-320 — SC Code / Title 44 / Chapter 49 / Article 2 / Section 44-49-320
SECTION 44-49-320. Definitions.
Status: in_force

For purposes of this article: (1) "Credentialing entity" means an organization approved pursuant to this article to certify recovery housing. (2) "Office" means the Office of Substance Use Services, a component office of the Department of Behavioral Health and Developmental Disabilities. (3) "Recovery housing" means recovery residences, recovery homes, sober-living homes, work-rehab homes, three-quarter houses, and other similar dwellings that provide individuals recovering from alcohol and substance use disorders with a living environment free from alcohol and illicit substance use and centered on peer support and connection to services that promote sustained recovery, including continued sobriety, improved individual health, residential stability, and positive community involvement. Recovery housing does not include treatment facilities as defined in Section 44-52-10. Code Commissioner's Note At the direction of the Code Commissioner, certain references in the S.C. Code to the State Department of Mental Health, South Carolina Mental Health Commission, Department of Disabilities and Special Needs, Department of Disabilities and Special Needs Commission, Department of Alcohol and Other Drug Abuse Services, and other related terms were changed to reflect the restructuring of these agencies into component offices under the Department of Behavioral Health and Developmental Disabilities, pursuant to 2025 Act No. 3, SECTION 18.
S.C. Code Ann. § 44-7-2090 — SC Code / Title 44 / Chapter 7 / Article 15 / Section 44-7-2090
SECTION 44-7-2090. Obligations of districts not to be impaired.
Status: in_force

So long as the district is indebted to any person on any bonds, notes, or other obligations issued pursuant to the authority of this act, the provisions of this act and the powers granted to the district are not in any way diminished, and the provisions of this act are considered a part of the contract between the district and the holders of these obligations. All agreements and obligations undertaken and all securities issued by a district are exclusively an obligation of the district and do not create an obligation or debt of the State, any authorizing subdivision, or any other county or municipality within the meaning of any constitutional or statutory provision. The faith and credit of the State, any authorizing subdivision, or any other county or municipality must not be pledged for the payment of any securities issued by a district, nor is the State or any authorizing subdivision or any county or municipality liable in any manner for the payment of the principal of or interest on any securities of a district or for the performance of any pledge, mortgage, obligation, or agreement of any kind whatsoever, that may be undertaken by a district.
S.C. Code Ann. § 44-53-1440 — SC Code / Title 44 / Chapter 53 / Article 13 / Section 44-53-1440
SECTION 44-53-1440. Restriction on rental; existing occupants.
Status: in_force

A person must not rent or offer for occupancy a dwelling or dwelling unit to be occupied by children which has been posted and ordered remediated of lead-based hazards until the identified hazards have been remediated. If the presence of the lead-based hazard becomes known when the dwelling or dwelling unit is already rented to a family with children, the family of the children must not be evicted for that reason.
S.C. Code Ann. § 44-56-70 — SC Code / Title 44 / Chapter 56 / Article 1 / Section 44-56-70
SECTION 44-56-70. Utilization of approved manifest systems.
Status: in_force

All generators, transporters, and operators of hazardous waste storage, treatment, and disposal facilities shall utilize a manifest system as prescribed by the department to insure that all such hazardous waste generated is designated for storage, treatment, or disposal in storage, treatment, or disposal facilities, other than facilities on the premises where the waste is generated, which have been properly permitted for such purposes.
S.C. Code Ann. § 44-79-120 — SC Code / Title 44 / Chapter 79 / Section 44-79-120
SECTION 44-79-120. Violations and penalties.
Status: in_force

Any person who violates any provision of this chapter is guilty of a misdemeanor and upon conviction must be fined not less than five hundred dollars nor more than five thousand dollars or be imprisoned for no more than three years, or both. A violation of any provision of this chapter is considered a violation of Section 39-5-20 of the South Carolina Unfair Trade Practices Act.
S.C. Code Ann. § 44-43-320 — SC Code / Title 44 / Chapter 43 / Article 5 / Section 44-43-320
SECTION 44-43-320. Methods of making anatomical gifts.
Status: in_force

(A) A donor may make an anatomical gift: (1) by authorizing a statement or symbol indicating that the donor has made an anatomical gift to be imprinted on the donor's driver's license or identification card; (2) in a will; (3) during a terminal illness or injury of the donor, by any form of oral or written communication addressed to at least two adults, at least one of whom is a disinterested witness; or (4) as provided in subsection (B). (B) A donor or other person authorized to make an anatomical gift under Section 44-43-315 may make a gift by a donor card or other record signed by the donor or other person making the gift or by authorizing that a statement or symbol indicating that the donor has made an anatomical gift be included on a donor registry. If the donor or other person is physically unable to sign a record, the record may be signed by another individual at the direction of the donor or other person and must: (1) be witnessed by at least two adults, at least one of whom is a disinterested witness, who have signed at the request of the donor or the other person; and (2) state that it has been signed and witnessed as provided in item (1). (C) Revocation, suspension, expiration, or cancellation of a driver's license or identification card upon which an anatomical gift is indicated does not invalidate the gift. (D) An anatomical gift made by will takes effect upon the donor's death whether or not the will is probated. Invalidation of the will after the donor's death does not invalidate the gift.
S.C. Code Ann. § 44-80-10 — SC Code / Title 44 / Chapter 80 / Section 44-80-10
SECTION 44-80-10. Definitions.
Status: in_force

As used in this chapter: (1) "Advance care planning" or "ACP" means the making of decisions by a person about the care the person wants to receive if the person becomes unable to communicate or consent to care and the documentation of those decisions by acceptable methods recognized by the State. (2) "Advance directive" means a written statement such as a health care power of attorney executed in accordance with Section 62-5-504, in which an individual expresses certain wishes relating to life-sustaining treatment, including resuscitative services. (3) "Department" means the South Carolina Department of Health and Environmental Control. (4) "Director" means the Director of the South Carolina Department of Health and Environmental Control. (5) "Emergency medical technician (EMT)" when used in general terms for emergency medical personnel, means an individual possessing a valid EMT, advanced EMT (AEMT), or paramedic certificate issued by the State pursuant to the provisions of Section 44-61-20. (6) "Health care facility" means any nonfederal public or private institution, building, agency, or portion thereof, whether for-profit or not-for-profit, that is used, operated, or designed to provide health services; medical treatment; or nursing, rehabilitative or preventive care to any person or persons. This includes, but is not limited to, ambulatory surgical facilities, health maintenance organizations, home health agencies, hospices, hospitals, infirmaries, intermediate care facilities, kidney treatment centers, long-term care facilities, medical assistance facilities, mental health centers, outpatient facilities, public health centers, rehabilitation facilities, residential treatment facilities, skilled nursing facilities, and adult daycare centers. The term also includes, but is not limited to, the following related property when used for or in connection with the foregoing: laboratories; research facilities; pharmacies; laundry facilities; health personnel training and lodging facilities; patient, guest, and health personnel food service facilities; and offices or office buildings for persons engaged in health care professions or services. (7) "Health care provider" means a person, health care facility, organization, or corporation licensed, certified, or otherwise authorized or permitted by the laws of this State to administer health care. (8) "Legal representative" means a person with priority to make health care decisions for a patient pursuant to the Adult Health Care Consent Act. (9) "Patient" means an individual who presents or is presented to a health care provider for treatment. (10) "Physician" means a doctor of medicine or doctor of osteopathic medicine licensed by the South Carolina Board of Medical Examiners. (11) "Physician Orders for Scope of Treatment (POST) form" means a designated document designed for use as part of advance care planning, the use of which must be limited to situations where the patient has been diagnosed with a serious illness or, based upon medical diagnosis, may be expected to lose capacity within twelve months and consists of a set of medical orders signed by a patient's physician addressing key medical decisions consistent with patient goals of care concerning treatment at the end of life that is portable and valid across health care settings. (12) "Serious illness" means a condition which, based upon best medical judgment, is likely to result in death within a period of not to exceed twelve months.
S.C. Code Ann. § 44-87-50 — SC Code / Title 44 / Chapter 87 / Section 44-87-50
SECTION 44-87-50. Civil penalty.
Status: in_force

A person violating a provision of this chapter may be assessed a civil penalty by the department in an amount not exceeding ten thousand dollars for each violation.
S.C. Code Ann. § 44-7-1110 — SC Code / Title 44 / Chapter 7 / Article 7 / Section 44-7-1110
SECTION 44-7-1110. Cancellation of contributing agreement.
Status: in_force

If at any time any such contributing agreement should become unsatisfactory, the hospital board of trustees may discontinue it at the end of any calendar year by giving prior notice to the county legislative delegation and the auditor of the county in which the school district is located, or a majority of the freeholders and a majority of the qualified electors in the district may petition the county legislative delegation to discontinue such agreement. In either such event the auditor of the county shall remove the special levy.
S.C. Code Ann. § 44-32-50 — SC Code / Title 44 / Chapter 32 / Section 44-32-50
SECTION 44-32-50. Body piercing technician requirements.
Status: in_force

(A) A body piercing technician must be at least eighteen years old and shall possess a current Red Cross First Aid certification or an American Safety and Health Institute certification, or certification from a program that meets or exceeds the certification standards of the Red Cross First Aid or the American Safety and Health Institute, and Adult Cardiopulmonary Resuscitation (CPR) certification. The Red Cross First Aid certification must be renewed every three years, and the Adult CPR certification must be renewed annually. A body piercing technician must conspicuously display: (1) the annual certificate of successful completion of a course in CPR and infection control as approved by the department; and (2) the annual permit issued by the department. (B) A body piercing technician must comply with all applicable federal Office of Safety and Health Administration requirements or guidelines. (C) A body piercing technician must obtain a certificate attesting to the successful completion of a course in blood-borne pathogens and body piercing infection control as approved by the department.
S.C. Code Ann. § 44-1-210 — SC Code / Title 44 / Chapter 1 / Section 44-1-210
SECTION 44-1-210. Disposition of moneys collected.
Status: in_force

All fees and charges collected pursuant to Sections 44-1-180 to 44-1-200, including vital statistics fees as now provided by law, shall be deposited in the State Treasury and shall be used in the operation of the public health program of the bureau, division, district health unit or local county health department which performed the services for which the fees and charges were collected. An annual report shall be made to the State Fiscal Accountability Authority, Executive Budget Office and the Revenue and Fiscal Affairs Office of the receipts and expenditures made under the provisions of Sections 44-1-180 to 44-1-200.
S.C. Code Ann. § 44-24-210 — SC Code / Title 44 / Chapter 24 / Section 44-24-210
SECTION 44-24-210. Unlawful to remove child from inpatient facility or residential program without authorization.
Status: in_force

It is unlawful for a person, without prior authorization from the child's attending physician or his designee, to take a child away or cause him to be taken away from the grounds of an inpatient facility or residential treatment program. A person violating the provisions of this section, upon conviction, must be fined not more than one thousand dollars or imprisoned for not more than one year, or both.
S.C. Code Ann. § 44-20-410 — SC Code / Title 44 / Chapter 20 / Article 3 / Section 44-20-410
SECTION 44-20-410. Requirement for admission to services.
Status: in_force

A person who is determined to be eligible for services is subject to the following considerations regarding his order of admission to services and programs: (1) relative need of the person for special training, supervision, treatment, or care; (2) availability of services suitable to the needs of the applicant.
S.C. Code Ann. § 44-17-630 — SC Code / Title 44 / Chapter 17 / Article 7 / Section 44-17-630
SECTION 44-17-630. Right to reexamination; notice.
Status: in_force

A patient is entitled to a reexamination on the patient's own petition or that of any other interested person to the probate court of the county from which the patient was admitted. The treatment facility shall inform every patient and at least one other interested person of this right to petition for reexamination. Notice of this right must be given in writing upon admission to the hospital, once during the first six months of hospitalization, and every six months thereafter during the treatment of the patient. If no spouse, parent, legal guardian, or other interested person is known to exist, documentation in the patient's record of this finding is considered compliance with the notice requirement of this section. Upon receipt of the petition the court shall conduct proceedings in accordance with this chapter, Chapter 9, Chapter 11, Chapter 13, Article 1 of Chapter 15, Chapter 17, and Chapter 27 of this title, except that the proceedings may not be required to be conducted if the petition is filed sooner than six months after the issuance of the order for treatment or sooner than three months after the holding of a hearing pursuant to this section. The costs must be borne by the petitioner unless the court determines that the petitioner cannot afford these costs.
S.C. Code Ann. § 44-48-150 — SC Code / Title 44 / Chapter 48 / Section 44-48-150
SECTION 44-48-150. Evidentiary records; court order to open sealed records.
Status: in_force

Psychological reports, drug and alcohol reports, treatment records, reports of the diagnostic center, medical records, or victim impact statements which have been submitted to the court or admitted into evidence under this chapter must be part of the record, but must be sealed and opened only on order of the court. Nothing in this section prohibits the release of records to the Attorney General and the counsel of record for a person. Effect of Amendment 2023 Act No. 19, SECTION 12, added the second sentence.
S.C. Code Ann. § 44-87-10 — SC Code / Title 44 / Chapter 87 / Section 44-87-10
SECTION 44-87-10. Definitions.
Status: in_force

As used in this chapter: (1) "Asbestos abatement entity" means any individual, partnership, firm, association, corporation, sole proprietorship, or other business concern, as well as an employee or member of a governmental, religious, or social organization, that is involved in asbestos abatement. (2) "Asbestos project" means an activity associated with abatement, including inspection, design, air monitoring, in-place management, encapsulation, enclosure, renovation, repair, removal, any other disturbance of regulated asbestos-containing materials, and demolition of a regulated facility. (3) "Contractor" means an individual partnership, corporation, or other business concern that performs asbestos abatement for a facility owner which is not a permanent employee of the facility owner. (4) "Department" means the South Carolina Department of Health and Environmental Control.
S.C. Code Ann. § 44-40-20 — SC Code / Title 44 / Chapter 40 / Section 44-40-20
SECTION 44-40-20. Definitions.
Status: in_force

As used in this chapter: (1) "Agent Orange" means the herbicide composed primarily of trichlorophenoxyacetic acid (2, 4, 5 T) and dichlorophenoxyacetic acid (2, 4 D) and its contaminant tetrachlorodibenzo-para-dioxin (2, 3, 7, 8 dioxin, TCDD). (2) "Chemical agent" means dioxin or other toxic substances found in certain defoliants, herbicides, pesticides, and similar chemical substances or causative agents. (3) "Council" means the South Carolina Agent Orange Advisory Council. (4) "Program" means the Agent Orange Information and Assistance Program. (5) "Veteran" means a person who is a resident of this State and who served in the armed forces of the United States of America from the year 1959 through the year 1975.
S.C. Code Ann. § 44-44-110 — SC Code / Title 44 / Chapter 44 / Section 44-44-110
SECTION 44-44-110. Providing data to National Center for Birth Defects and Developmental Disabilities at the Centers for Disease Control and Prevention.
Status: in_force

Data may be provided to the National Center for Birth Defects and Developmental Disabilities at the Centers for Disease Control and Prevention to enhance scientific, epidemiological, and investigative efforts and studies.
S.C. Code Ann. § 44-22-20 — SC Code / Title 44 / Chapter 22 / Section 44-22-20
SECTION 44-22-20. Right to writ of habeas corpus.
Status: in_force

Patients have the right to the writ of habeas corpus.
S.C. Code Ann. § 44-7-580 — SC Code / Title 44 / Chapter 7 / Article 4 / Section 44-7-580
SECTION 44-7-580. Maintaining on file all cooperative agreements which certificates of public advantage remain in effect.
Status: in_force

The department shall maintain on file all cooperative agreements for which certificates of public advantage remain in effect. A dispute among the parties to a cooperative agreement concerning its meaning or terms is governed by normal principles of contract or other applicable law. A party to a cooperative agreement who terminates the agreement shall notify the department within fifteen days of the termination. If all parties terminate their participation in the cooperative agreement, the department shall revoke the certificate of public advantage for the agreement.
S.C. Code Ann. § 44-7-730 — SC Code / Title 44 / Chapter 7 / Article 5 / Section 44-7-730
SECTION 44-7-730. Prerequisites to construction of hospital.
Status: in_force

No hospital building shall be erected or constructed until plans and specifications have been made therefor and adopted by the board of hospital trustees and bids advertised for according to the law and custom in regard to other county buildings.
S.C. Code Ann. § 44-53-1350 — SC Code / Title 44 / Chapter 53 / Article 13 / Section 44-53-1350
SECTION 44-53-1350. Exemptions.
Status: in_force

The provisions of this article do not apply to items that are exempt pursuant to federal law.
S.C. Code Ann. § 44-7-1500 — SC Code / Title 44 / Chapter 7 / Article 11 / Section 44-7-1500
SECTION 44-7-1500. Public agencies authorized to enter into loan agreements with county board.
Status: in_force

For the purposes of this article, public agencies are authorized and empowered to enter into loan agreements (including agreements of lease) with any county board to facilitate the financing, acquiring, constructing, improving, enlarging, expanding, equipping, providing, operating and maintaining of hospital facilities and pursuant to any such loan agreement to operate, repair and maintain any hospital facilities and to pay the cost thereof from any funds available for such purpose and the payments required therefor.
S.C. Code Ann. § 44-1-230 — SC Code / Title 44 / Chapter 1 / Section 44-1-230
SECTION 44-1-230. Consideration to be given to benefits available to individuals to meet costs of medical or health services.
Status: in_force

The Department of Health and Environmental Control shall give consideration to any benefits available to an individual, including private, group or other insurance benefits, to meet, in whole or in part, the cost of any medical or health services. Such benefits shall be utilized insofar as possible; provided, however, the availability of such benefits shall not be the sole basis for determining eligibility for program services of the department. Insurance carriers shall not deny payment of benefits otherwise available to the insured solely on the basis that an individual has applied for, or has been deemed eligible to receive, or has received, services, or on the basis that payments have been made for services by the department.
S.C. Code Ann. § 44-43-1360 — SC Code / Title 44 / Chapter 43 / Article 13 / Section 44-43-1360
SECTION 44-43-1360. Administration of article.
Status: in_force

The board may employ a director and other staff as necessary to carry out the provisions of this article; however, administration of this article may not exceed twenty percent of the total funds credited to Donate Life South Carolina, excluding the administrative fee paid to the Department of Revenue pursuant to Sections 12-6-5065 and 56-1-143.
S.C. Code Ann. § 44-70-80 — SC Code / Title 44 / Chapter 70 / Section 44-70-80
SECTION 44-70-80. Use of fees collected.
Status: in_force

Fees collected pursuant to this chapter must be retained by the department and credited to a separate and distinct account to be used exclusively by the department to carry out its responsibilities under this chapter.
S.C. Code Ann. § 44-35-60 — SC Code / Title 44 / Chapter 35 / Section 44-35-60
SECTION 44-35-60. Immunity from civil or criminal liability.
Status: in_force

A provider or regional registry making a case report or providing access to cancer case information to the registry is immune from any civil or criminal liability that might otherwise be incurred or imposed.
S.C. Code Ann. § 44-63-120 — SC Code / Title 44 / Chapter 63 / Section 44-63-120
SECTION 44-63-120. Disposition of fees received by state registrar.
Status: in_force

The state registrar shall remit all fees received by him under the provisions of this chapter to the State Treasurer each month.
S.C. Code Ann. § 44-6-160 — SC Code / Title 44 / Chapter 6 / Article 2 / Section 44-6-160
SECTION 44-6-160. Target rate of increase for net inpatient charges; excessive increases; penalties.
Status: in_force

(A) By August first of each year, the department shall compute and publish the annual target rate of increase for net inpatient charges for all general hospitals in the State. The target rate of increase will be established for a twelve-month period from October first through September thirtieth of the following year. Once established, the target rate of increase must not be amended during the year except as provided in subsection (B) of this section. The department shall monitor the performance of the hospital industry to contain costs, specifically as evidenced by the annual rate of growth of net inpatient charges. If the department determines that the annual rate of increase in net inpatient charges for the hospital industry has exceeded the target rate of increase established for that year, the department shall appoint an expert panel for the purpose of analyzing the financial reports of each hospital whose net inpatient charges exceeded the target rate of increase. The panel's review shall take into consideration service volume, intensity of care, and new services or facilities. The panel shall consist of at least three members who have broad experience, training, and education in the field of health economics or health care finance. The panel shall report its findings and recommendations, including recommended penalties or sanctions, to the department. The department shall decide what, if any, penalty it will impose within three months of receiving all necessary data. (B) The department may impose penalties or sanctions it considers appropriate. Penalties must be prospective. Financial penalties are limited to a reduction in a hospital's target rate of increase for the following year. Any reduction in a hospital's target rate of increase for the next year must not be greater than the amount the hospital exceeded the industry's target rate of increase for the previous year. Once a hospital is sanctioned, it must be reviewed annually until it succeeds in remaining below its target rate of increase.
S.C. Code Ann. § 44-61-10 — SC Code / Title 44 / Chapter 61 / Article 1 / Section 44-61-10
SECTION 44-61-10. Short title.
Status: in_force

This article may be cited as the "Emergency Medical Services Act of South Carolina".
S.C. Code Ann. § 44-44-20 — SC Code / Title 44 / Chapter 44 / Section 44-44-20
SECTION 44-44-20. Definitions.
Status: in_force

For purposes of this chapter: (1) "Birth defect" is defined as structural malformation, deformation, or disruption, present at birth, as determined before or after birth. (2) "Department" means the South Carolina Department of Health and Environmental Control.
S.C. Code Ann. § 44-78-50 — SC Code / Title 44 / Chapter 78 / Section 44-78-50
SECTION 44-78-50. Chapter not condonation of mercy killing; children ineligible for "do not resuscitate orders"; compliance with article not suicide.
Status: in_force

(A) Nothing in this chapter may be construed to condone, authorize, or approve mercy killing or euthanasia or to permit any affirmative action or deliberate act to end life other than to allow the natural process of dying. (B) No child may request a "do not resuscitate order for emergency medical services" as provided for in this article. (C) The withholding of resuscitative measures pursuant to this article does not constitute suicide for any purpose. Effect of Amendment 2022 Act No. 122, SECTION 5, in (B), substituted "No child may request" for "No person under the age of eighteen years may request or receive".
S.C. Code Ann. § 44-10-70 — SC Code / Title 44 / Chapter 10 / Section 44-10-70
SECTION 44-10-70. Funding.
Status: in_force

(A) Each federal fiscal year, each member state shall have the right to federal monies up to an amount equal to its member state current year funding level for that federal fiscal year, funded by Congress as mandatory spending and not subject to annual appropriation, to support the exercise of member state authority under this compact. This funding shall not be conditional on any action of or regulation, policy, law, or rule being adopted by the member state. (B) By the start of each federal fiscal year, Congress shall establish an initial member state current year funding level for each member state, based upon reasonable estimates. The final member state current year funding level shall be calculated, and funding shall be reconciled by the Congress based upon information provided by each member state and audited by the United States Government Accountability Office.
S.C. Code Ann. § 44-43-1330 — SC Code / Title 44 / Chapter 43 / Article 13 / Section 44-43-1330
SECTION 44-43-1330. Reimbursement of expenses of board numbers.
Status: in_force

Board members are not entitled to per diem but may be reimbursed for mileage and all necessary and reasonable expenses incurred in the performance of their duties under this article.
S.C. Code Ann. § 44-29-136 — SC Code / Title 44 / Chapter 29 / Section 44-29-136
SECTION 44-29-136. Court orders for disclosure of records for law enforcement purposes; confidentiality safeguards.
Status: in_force

(A) A portion of a person's sexually transmitted disease test results disclosed to a solicitor or state criminal law enforcement agency pursuant to Section 44-29-135(c) must be obtained by court order upon a finding by the court that the request is valid under Section 44-29-135(c) and that there is a compelling need for the test results. In determining a compelling need, the court must weigh the need for disclosure against both the privacy interest of the test subject and the potential harm to the public interest if disclosure deters future Human Immunodeficiency Virus-related testing and counselling or blood, organ, and semen donation. No information regarding persons other than the subject of the test results must be released. The court shall provide the department and the person who is the subject of the test results with notice and an opportunity to participate in the court hearing. (B) No court may issue an order solely on the basis of anonymous tips or anonymous information. A person who provides information relied upon by a law enforcement agency or solicitor to obtain records under Section 44-29-135(c) shall sign a sworn affidavit setting forth the facts upon which he bases his allegations. This person shall appear and be subject to examination and cross-examination at the hearing to determine whether an order requiring disclosure should be granted. (C) Pleadings pertaining to disclosure of test results must substitute a pseudonym for the true name of the subject of the test. The disclosure to the parties of the subject's true name must be communicated in documents sealed by the court. Court proceedings must be conducted in camera unless the subject of the test results requests a hearing in open court. All files regarding the court proceedings must be sealed unless waived by the subject of the test results. (D) Upon issuance of an order to disclose the test results pursuant to Section 44-29-135(c), the court may impose appropriate safeguards against the unauthorized disclosure of the information including, but not limited to, specifying who may have access to the information, the purposes for which the information must be used, and prohibitions against further disclosure of the information.
S.C. Code Ann. § 44-132-10 — SC Code / Title 44 / Chapter 132 / Section 44-132-10
SECTION 44-132-10. Claims for services.
Status: in_force

Except as provided in Section 44-132-20, no person licensed to practice in this State as a physician, surgeon, or osteopath, a dentist or dental surgeon, a nurse practitioner, or a physician's assistant shall charge, bill, or otherwise solicit payment for outpatient anatomic pathology services unless the services were rendered personally by the licensed practitioner or under the licensed practitioner's supervision.
S.C. Code Ann. § 44-38-30 — SC Code / Title 44 / Chapter 38 / Article 1 / Section 44-38-30
SECTION 44-38-30. Head and Spinal Cord Injury Information System Council; establishment and purpose; composition; election of chairman; appointment of advisors; compensation and expenses.
Status: in_force

(A) There is the South Carolina Head and Spinal Cord Injury Information System Council established for the purpose of overseeing the daily activities of the system which shall be under the Head and Spinal Cord Injury Division of the Office of Intellectual and Developmental Disabilities. The council is composed of the following ex officio members or their designees: the chairman, Developmental Disabilities Council, Office of the Governor, the chairman of the Joint Committee to Study the Problems of Persons with Disabilities, the Office Director of the Office of Mental Health, the Commissioner of the Department of Vocational Rehabilitation, the Office Director of the Office of Intellectual and Developmental Disabilities, the Director of the South Carolina Department of Health and Environmental Control, the Director of the South Carolina Department of Health and Human Services, Dean of the University of South Carolina School of Medicine, the Dean of the Medical University of South Carolina, the Executive Director of the South Carolina Hospital Association, one representative from each of the head injury advocacy organizations, and one individual with a spinal cord injury. The council shall elect a chairman who may appoint such other nonvoting members who may serve in an advisory capacity to the council, including representatives from the private service delivery sector. (B) Members of the council shall receive no compensation, including subsistence, per diem, or mileage for service on the council. Code Commissioner's Note At the direction of the Code Commissioner, certain references in the S.C. Code to the State Department of Mental Health, South Carolina Mental Health Commission, Department of Disabilities and Special Needs, Department of Disabilities and Special Needs Commission, Department of Alcohol and Other Drug Abuse Services, and other related terms were changed to reflect the restructuring of these agencies into component offices under the Department of Behavioral Health and Developmental Disabilities, pursuant to 2025 Act No. 3, SECTION 18.
S.C. Code Ann. § 44-43-920 — SC Code / Title 44 / Chapter 43 / Article 11 / Section 44-43-920
SECTION 44-43-920. Organ and tissue donor policies and continuing education.
Status: in_force

A hospital shall establish policies on organ and tissue donation, as well as on related continuing education, in accordance with applicable federal and state laws and regulations.
S.C. Code Ann. § 44-33-10 — SC Code / Title 44 / Chapter 33 / Article 1 / Section 44-33-10
SECTION 44-33-10. Sickle cell education and prevention program.
Status: in_force

The Department of Health and Environmental Control is hereby authorized to initiate a sickle cell education and prevention program based entirely upon voluntary cooperation of the individuals involved. The program shall provide: (1) laboratory testing of citizens in the reproductive ages to determine the presence of the sickle cell gene; (2) counselling for persons identified as carriers of the sickle cell gene, for the purpose of educating these persons about the risk of a child of the person inheriting sickle cell disease; (3) referral of persons with sickle cell disease, as necessary, so that they may obtain proper medical care and treatment, to include pain management; and (4) basic education to the general public about sickle cell disease, so as to eradicate the stigma attached to the disease. Effect of Amendment 2022 Act No. 206, SECTION 2, redesignated (a) to (d) as (1) to (4); in (1), substituted "citizens" for "black citizens"; in (2), substituted "educating these persons about the risk of a child of the person inheriting sickle cell disease" for "preventing sickle cell anemia in the future offspring of such carriers"; in (3), substituted "disease" for "anemia" and inserted ", to included pain management; and" at the end; in (4), substituted "the disease" for "this malady"; and made nonsubstantive changes throughout.
S.C. Code Ann. § 44-53-630 — SC Code / Title 44 / Chapter 53 / Article 4 / Section 44-53-630
SECTION 44-53-630. Establishment of therapeutic research program; regulations; limits as to patient eligibility.
Status: in_force

(A) There is established in the Department of Health and Environmental Control a controlled substances therapeutic research program. The program shall be administered by the director. The program shall distribute to cancer chemotherapy and radiology patients and to glaucoma patients who are certified pursuant to this article marijuana under the terms and conditions of this article for the purpose of alleviating the patient's discomfort, nausea and other painful side effects of their disease or chemotherapy treatments. The department shall promulgate regulations necessary for the proper administration of this article and in such promulgation, the department shall take into consideration those pertinent regulations promulgated by the Drug Enforcement Agency, U. S. Department of Justice; Food and Drug Administration; the National Institute on Drug Abuse, and the National Institutes of Health. (B) Except as provided in subsection (c) of Section 44-53-640, the controlled substances therapeutic research program shall be limited to cancer chemotherapy and radiology patients and glaucoma patients, who are certified to the patient qualification review advisory board by a practitioner as being involved in a life-threatening or sense-threatening situation and who are not responding to conventional controlled substances or where the conventional controlled substances administered have proven to be effective but where the patient has incurred severe side effects.
S.C. Code Ann. § 44-20-1130 — SC Code / Title 44 / Chapter 20 / Article 7 / Section 44-20-1130
SECTION 44-20-1130. Limitation on amount of state capital improvement bonds.
Status: in_force

The aggregate of the outstanding principal amounts of state capital improvement bonds issued for the Department of Behavioral Health and Developmental Disabilities may not exceed twenty million dollars. Code Commissioner's Note At the direction of the Code Commissioner, certain references in the S.C. Code to the State Department of Mental Health, South Carolina Mental Health Commission, Department of Disabilities and Special Needs, Department of Disabilities and Special Needs Commission, Department of Alcohol and Other Drug Abuse Services, and other related terms were changed to reflect the restructuring of these agencies into component offices under the Department of Behavioral Health and Developmental Disabilities, pursuant to 2025 Act No. 3, SECTION 18.
S.C. Code Ann. § 44-96-420 — SC Code / Title 44 / Chapter 96 / Article 2 / Section 44-96-420
SECTION 44-96-420. Issuance, modification, or revocation of orders to prevent violations of chapter.
Status: in_force

The department may issue, modify, or revoke any order to prevent a violation of this chapter.
S.C. Code Ann. § 44-36-520 — SC Code / Title 44 / Chapter 36 / Article 5 / Section 44-36-520
SECTION 44-36-520. Information respecting form of Alzheimer's care or treatment provided.
Status: in_force

A nursing home, community residential care facility, or day care facility for adults licensed by the Department of Health and Environmental Control which offers to provide or provides an Alzheimer's special care unit or program must include in its policies and procedures and disclose to the responsible party seeking a placement within the Alzheimer's special care unit or program, the form of care or treatment provided that distinguishes it as being especially applicable to or suitable for persons with Alzheimer's disease. The information that distinguishes the form of care or treatment shall include criteria for admission, transfer, and discharge; care planning; staffing patterns; staff training; physical environment; resident and participant activities; family role in care; and unique costs to the resident or participant associated with specialized service delivery.
S.C. Code Ann. § 44-29-120 — SC Code / Title 44 / Chapter 29 / Section 44-29-120
SECTION 44-29-120. Serological blood tests for pregnant women.
Status: in_force

Every physician attending a pregnant woman in the State for conditions relating to her pregnancy during the period of gestation or at delivery shall, in the case of every woman so attended, take or cause to be taken a sample of blood of such woman at the time of his first examination or within three days thereafter and shall submit such sample to an approved laboratory for a standard serological test for syphilis, rubella, Rh factor and a hemoglobin determination, if the latter test is not performed by the physician's staff. Such an approved laboratory must participate in an appropriate proficiency testing program approved by the Department of Health and Environmental Control. Every person, other than a physician, permitted by law to attend pregnant women in the State, but not permitted by law to take blood samples, shall cause a sample of blood of each such pregnant woman to be taken by a physician duly licensed to practice medicine and surgery, registered nurse, laboratory technician or other person authorized to take blood for blood tests and have such sample submitted to an approved laboratory for a standard serological test for syphilis, rubella, Rh factor and a hemoglobin determination, if the latter test is not performed by the physician's staff. Any person who violates any of the provisions of this section shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than one hundred dollars or imprisonment for not more than thirty days. The provisions of this section shall not apply to any person who submits a sworn affidavit stating that she objects to the tests herein required on grounds such tests conflict with her religious tenets or beliefs.
S.C. Code Ann. § 44-27-20 — SC Code / Title 44 / Chapter 27 / Section 44-27-20
SECTION 44-27-20. Jurisdiction and powers over person ordered admitted by foreign court.
Status: in_force

An order of a court of competent jurisdiction of another state or of the District of Columbia authorizing admittance of an individual by any agency of the United States shall have the same force and effect as to the individual while in this State as in the jurisdiction in which is situated the court entering the order, and such court shall be deemed to have retained jurisdiction of the individual admitted for the purpose of inquiring into his mental condition and of determining the necessity for continuance of his confinement. Consent is hereby given to the application of the law of the state or district in which is located the court issuing the order for admittance with respect to the authority of the superintendent of any hospital or institution operated in this State by any agency of the United States to retain custody, transfer, conditionally discharge or discharge the individual confined.
S.C. Code Ann. § 44-7-390 — SC Code / Title 44 / Chapter 7 / Article 3 / Section 44-7-390
SECTION 44-7-390. No liability or cause of action against a hospital for certain acts or proceedings.
Status: in_force

There is no monetary liability on the part of, and no cause of action for damages arising against, a hospital licensed under this article, its parent, subsidiaries, health care system, physician practices owned by the hospital (its parent or subsidiaries), directors, officers, agents, employees, medical staff members, external reviewers, witnesses, or a member of any committee of a licensed hospital, whether permanent or ad hoc, including the hospital's governing body, for any act or proceeding undertaken or performed without malice, made after reasonable effort to obtain the facts, and the action taken was in the belief that it is warranted by the facts known, arising out of or relating to: (1) sentinel event investigations or root cause analyses, or both, as prescribed by the joint commission or any other organization under whose accreditation a hospital is deemed to meet the Centers for Medicare and Medicaid Services' conditions of participation; (2) investigations into the competence or conduct of hospital employees, agents, members of the hospital's medical staff or other practitioners, relating to the quality of patient care, and any disciplinary proceedings or fair hearings related thereto, provided the medical staff operates pursuant to written bylaws that have been approved by the governing body of the hospital; (3) quality assurance reviews; (4) the medical staff credentialing process, provided the medical staff operates pursuant to written bylaws that have been approved by the governing body of the hospital; (5) reports by a hospital to its insurance carriers; (6) reviews or investigations to evaluate the quality of care provided by hospital employees, agents, members of the hospital's medical staff, or other practitioners; or (7) reports or statements, including, but not limited to, those reports or statements to the National Practitioner Data Bank and the South Carolina Board of Medical Examiners, that provide analysis or opinion (including external reviews) relating to the quality of care provided by hospital employees, agents, members of the hospital's medical staff, or other practitioners.
S.C. Code Ann. § 44-4-100 — SC Code / Title 44 / Chapter 4 / Article 1 / Section 44-4-100
SECTION 44-4-100. Short title.
Status: in_force

This act may be cited as the "Emergency Health Powers Act."
S.C. Code Ann. § 44-26-180 — SC Code / Title 44 / Chapter 26 / Section 44-26-180
SECTION 44-26-180. Informed consent required for participation in research; promulgation of regulations.
Status: in_force

A client or his representative shall give informed consent in every case before participation in research conducted by, for, or in cooperation with the office. The Department of Behavioral Health and Developmental Disabilities shall promulgate regulations to obtain informed consent and to protect the dignity of the individual. Code Commissioner's Note At the direction of the Code Commissioner, certain references in the S.C. Code to the State Department of Mental Health, South Carolina Mental Health Commission, Department of Disabilities and Special Needs, Department of Disabilities and Special Needs Commission, Department of Alcohol and Other Drug Abuse Services, and other related terms were changed to reflect the restructuring of these agencies into component offices under the Department of Behavioral Health and Developmental Disabilities, pursuant to 2025 Act No. 3, SECTION 18.
S.C. Code Ann. § 44-32-30 — SC Code / Title 44 / Chapter 32 / Section 44-32-30
SECTION 44-32-30. Infection control precautions.
Status: in_force

A body piercing technician must observe the following infection control precautions at all times: (1) The technician must wash his hands thoroughly with water and a germicide soap approved by the department before and after each client's procedure. (2) When necessary for the technician to perform a procedure on certain individuals who must undergo shaving of hair, either disinfected scissors or a single-use disposable razor must be used, and the skin must be cleaned with a germicidal solution approved by the department and used in accordance with the manufacturer's directions. (3) The technician must always use single-use disposable gloves when setting up equipment and single-use disposable gloves when performing procedures on a client; these gloves must never be washed or reused in any manner and must be immediately replaced upon notice of a tear, any contamination, or other defect. (4) All needles, instruments and other surgical equipment, and body piercing items or jewelry must be properly sterilized by autoclave and sterilely packaged and labeled with the date of sterilization and a sterile indicator. (5) Prior to any direct contact with the client, the technician must sterilely place all sterile instruments and body piercing items or jewelry on a sterile disposable towel or drape to be used as a single sterile field throughout the procedure. Re-gloving with single-use sterile disposable surgical gloves must occur prior to initiation of the procedure, which is to be performed using strict sterile surgical techniques. Any nonsterile contact or contamination of the instruments, jewelry, or field must immediately result in cessation of the procedure and nonuse of all equipment until re-sterilized. (6) The skin of the client must be scrubbed in a sterile surgical manner with a germicidal solution approved by the department and used in accordance with the manufacturer's direction. (7) The use of gauze, alum, styptic pencils, or medical supplies deemed necessary to control bleeding is prohibited unless a separate disposable single-use sterile item is used on each client. (8) The technician must dispose of single-use used needles and other disposable sharp supplies in safety puncture-proof containers as approved by the department; these used containers must be disposed of in a manner prescribed by the department. (9) All used surgical equipment intended for reuse must be properly scrubbed clean of visible materials and soaked for a minimum of twenty minutes in a germicidal solution approved by the department and used in accordance with the manufacturer's direction prior to being re-sterilized by autoclave. (10) Each body piercing facility must keep a written log for two years of autoclave use, to include (but not be limited to) date and time of use and sterilization spore test strip results done at least monthly. (11) The technician must allow and cooperate with on-site inspections as deemed necessary by the department. (12) A body piercing facility must include a room for the purpose of disinfecting and sterilization of equipment and this room must be physically separate from the room used for body piercing procedures to avoid cross-contamination of equipment.
S.C. Code Ann. § 44-53-1480 — SC Code / Title 44 / Chapter 53 / Article 13 / Section 44-53-1480
SECTION 44-53-1480. Penalties.
Status: in_force

A person who knowingly violates a provision of this article or an order of the department issued pursuant to this article is guilty of a misdemeanor and, upon conviction, must be fined or imprisoned not more than the maximum allowed by the magistrates' courts in this State. Each day's violation constitutes a separate offense. Isolated lead-based hazard violations existing in dwellings, dwelling units, or childcare facilities must be considered separate violations.
S.C. Code Ann. § 44-36-510 — SC Code / Title 44 / Chapter 36 / Article 5 / Section 44-36-510
SECTION 44-36-510. Short Title.
Status: in_force

This article may be cited as the "Alzheimer's Special Care Disclosure Act"
S.C. Code Ann. § 44-93-70 — SC Code / Title 44 / Chapter 93 / Section 44-93-70
SECTION 44-93-70. Transportation of infectious waste.
Status: in_force

(A) Infectious waste must be transported in such a manner that the integrity of the waste containers is maintained and that occupational hazards are minimized. (B) No infectious waste may be received for transportation or transported into or within this State if it is not properly contained, identified, labeled, and manifested pursuant to department regulations.
S.C. Code Ann. § 44-26-200 — SC Code / Title 44 / Chapter 26 / Section 44-26-200
SECTION 44-26-200. State Employment Services Division and State Agency of Vocational Rehabilitation to find employment for citizens with intellectual disability.
Status: in_force

The South Carolina State Employment Service Division of the South Carolina Department of Employment and Workforce and the State Agency of Vocational Rehabilitation shall work together to find employment for citizens with intellectual disability. Services must include, but are not limited to, counseling, referral, timely notification of job listings, and other services of the division and the agency.
S.C. Code Ann. § 44-80-40 — SC Code / Title 44 / Chapter 80 / Section 44-80-40
SECTION 44-80-40. POST form deemed valid expression of patient's wishes; compliance.
Status: in_force

(A) A POST form executed in South Carolina as provided in this chapter, or a similar form executed in another jurisdiction in compliance with the laws of that jurisdiction, must be deemed a valid expression of a patient's wishes as to health care. A South Carolina health care provider or health care facility may accept a properly executed POST form as a valid expression of whether the patient consents to the provision of health care in accordance with Section 44-66-60 of the Adult Health Care Consent Act. (B) A health care provider or health care facility that is unwilling to comply with an executed POST form based on policy, religious beliefs, or moral convictions shall contact the patient's health care representative, health care agent, or the person authorized to make health care decisions for the patient pursuant to Section 44-66-30 of the Adult Health Care Consent Act, and the health care provider or health care facility shall allow the transfer of the patient to another health care provider or health care facility. (C) A health care provider including, but not limited to, a physician, physician assistant, advance practice registered nurse, registered nurse, or emergency medical technician, who in good faith complies with a POST form, is not subject to criminal prosecution, civil liability or disciplinary penalty for complying with the POST form executed in accordance with this chapter and the Adult Health Care Consent Act.