S.C. Code Ann. § 40-47-20 — SC Code / Title 40 / Chapter 47 / Article 1 / Section 40-47-20
SECTION 40-47-20. Definitions.
Status: in_force

In addition to the definitions provided in Section 40-1-20, as used in this chapter unless the context indicates otherwise: (1) "Active license" means the status of an authorization to practice that has been renewed for the current period and authorizes the licensee to practice in this State. (2) "Administrative hearing officer" means a physician designated by the board or director. (3) "Adverse disciplinary action" means a final decision by a United States or foreign licensing jurisdiction, a peer review group, a health care institution, a professional or medical society or association, or a court, which action was not resolved completely in the licensee's favor. (4) "Agreed to jointly" means the agreement by the Board of Nursing and Board of Medical Examiners on medical acts that nurses perform and that must be defined in a practice agreement pursuant to item (35). (5) "Approved written scope of practice guidelines" means specific statements developed by a physician or the medical staff and a physician assistant that establish physician delegation for medical aspects of care, including the prescription of medications. (6) "Board" means the State Board of Medical Examiners for South Carolina. (7) "Board-approved credentialing organization" means an organization that offers a certification examination in a specialty area of practice, establishes scope and standards of practice statements, and provides a mechanism approved by the board for evaluating continuing competency in a specialized area of practice. (8) "Business days" means every day except Saturdays, Sundays, and legal holidays. (9) "Cancellation" means the withdrawal or invalidation of an authorization to practice that was issued to an ineligible person either in error or based upon a false, fraudulent, or deceptive representation in the application process. (10) "Certification" means approval by an established body, other than the board, but recognized by the board, that recognizes the unique, minimal requirements of specialized areas of practice. Certification requires completion of a recognized formal program of study and specialty board examination, if the specialty board exists, and certification of competence in practice by the certifying agency. (11) "Criminal history" means a federal, state, or local criminal history of conviction or a pending charge or indictment of a crime, whether a misdemeanor or a felony, that bears upon a person's fitness or suitability for an authorization to practice with responsibility for the safety and well-being of others. (12) "Delegated medical acts" means additional acts delegated by a physician or dentist to a physician assistant, respiratory care practitioner, anesthesiologist's assistant, or other practitioner authorized by law under approved written scope of practice guidelines or approved written protocols as provided by law in accordance with the applicable scope of professional practice. Delegated medical acts must be performed under the supervision of a physician or dentist who must be readily or immediately available for consultation in accordance with the applicable scope of professional practice. APRNs performing medical acts must practice pursuant to a practice agreement as defined in item (35). (13) "Dentist" means a dentist licensed by the South Carolina Board of Dentistry. (14) "Disciplinary action" means a final decision and sanction imposed at the conclusion of a disciplinary proceeding. (15) "Entity" means a sole proprietorship, partnership, limited liability partnership, limited liability corporation, association, joint venture, cooperative, company, corporation, or other public or private legal entity authorized by law. (16) "Final decision" means an order of the board that concludes a license application proceeding or formal disciplinary proceeding. (17) "Formal complaint" means a formal written complaint charging misconduct by a respondent in violation of this chapter, Chapter 1, Title 40, or any other provision of law. (18) "Immediately available" for the purpose of supervising unlicensed personnel means being located within the office and ready for immediate utilization when needed. (19) "Inactive license" means the official temporary retirement of a person's authorization to practice upon the person's notice to the board that the person does not wish to practice. (20) "Incompetence" means the failure of a licensee to demonstrate and apply the knowledge, skill, and care that is ordinarily possessed and exercised by other practitioners of the same licensure status and required by the generally accepted standards of the profession. Charges of incompetence may be based upon a single act of incompetence or upon a course of conduct or series of acts or omissions that extend over a period of time and that, taken as a whole, demonstrate incompetence. It is not necessary to show that actual harm resulted from the act or omission or series of acts or omissions if the conduct is such that harm could have resulted to the patient or to the public from the act or omission or series of acts or omissions. (21) "Independent credentials verification organization" means an entity approved by the board to provide primary source verification of an applicant's identity, medical education, postgraduate training, examination history, disciplinary history, and other core information required for licensure in this State. (22) "Initial complaint" means a brief statement that alleges misconduct on the part of a licensee. (23) "Initial licensure" means the first authorization to practice issued to a person by a licensing authority in this State or any other state. (24) "Lapsed license" means an authorization to practice that no longer authorizes practice in this State due to the person's failure to renew the authorization within the renewal period. (25) "Letter of caution or concern" means a written caution or warning about past or future conduct issued when it is determined that no misconduct has been committed. The issuance of a letter of caution or concern is not a form of discipline and does not constitute a finding of misconduct. The fact that a letter of caution or concern has been issued must not be considered in a subsequent disciplinary proceeding against a person authorized to practice unless the caution or warning contained in the letter of caution or concern is relevant to the misconduct alleged in the proceedings. (26) "License" means a current document authorizing a person to practice. (27) "Licensed in good standing" means that one's authorization to practice has not been revoked and there are no restrictions or limitations currently in effect. Public reprimands issued less than five years from the date an application is received by the board are considered restrictions upon practice. (28) "Limited license" means a current time-limited and practice-limited document that authorizes practice at the level for which one is seeking licensure. (29) "Medical staff" means licensed physicians who are approved and credentialed to provide health care to patients in a hospital system or a facility that provides health care. (30) "Misconduct" means violation of any of the provisions of this chapter or regulations promulgated by the board pursuant to this chapter or violation of any of the principles of ethics as adopted by the board or incompetence or unprofessional conduct. (31) "Osteopathic medicine" means a complete school of medicine and surgery utilizing all methods of diagnosis and treatment in health and disease and placing special emphasis on the interrelationship of the musculo-skeletal system to all other body systems. (32) "Pending disciplinary action" means an action or proceeding initiated by a formal complaint. (33) "Person" means a natural person, male or female. (34) "Physician" means a doctor of medicine or doctor of osteopathic medicine licensed by the South Carolina Board of Medical Examiners. (35) "Practice agreement" means a written agreement developed by an NP, CNM, or CNS and a physician or medical staff who agrees to work with and to support the NP, CNM, or CNS. The practice agreement must establish the medical aspects of care to be provided by the NP, CNM, or CNS, including the prescribing of medications. The practice agreement must contain mechanisms that allow the physician to ensure that quality of clinical care and patient safety is maintained in accordance with state and federal laws, as well as all applicable Board of Nursing and Board of Medical Examiners rules and regulations. The practice agreement must comply with Section 40-33-34. A CNM also may practice pursuant to written policies and procedures for practice developed and agreed to with a physician who is board certified or board eligible by the American College of Obstetricians and Gynecologists. Written policies and procedures constitute a practice agreement for purposes of compliance with Section 40-33-34 and must address medical aspects of care including prescriptive authority and must contain transfer policies and details of the on-call agreement with the physician with whom the policies and procedures were developed and agreed. The on-call physician has the authority to designate another qualified physician to be the on-call physician if necessary. The on-call physician must be available to the CNM to provide medical assistance in person, by telecommunications, or by other electronic means. (36) "Practice of Medicine" means: (a) advertising, holding out to the public or representing in any manner that one is authorized to practice medicine in this State; (b) offering or undertaking to prescribe, order, give, or administer any drug or medicine for the use of any other person; (c) offering or undertaking to prevent or to diagnose, correct or treat in any manner, or by any means, methods, or devices, disease, illness, pain, wound, fracture, infirmity, defect, or abnormal physical or mental condition of a person, including the management of pregnancy and parturition; (d) offering or undertaking to perform any surgical operation upon a person; (e) rendering a written or otherwise documented medical opinion concerning the diagnosis or treatment of a patient or the actual rendering of treatment to a patient within this State by a physician located outside the State as a result of transmission of individual patient data by electronic or other means from within a state to such physician or his or her agent; (f) rendering a determination of medical necessity or a decision affecting the diagnosis and/or treatment of a patient is the practice of medicine subject to all of the powers provided to the Board of Medical Examiners, except as provided in Section 38-59-25; (g) using the designation Doctor, Doctor of Medicine, Doctor of Osteopathic Medicine, Physician, Surgeon, Physician and Surgeon, Dr., M.D., D.O., or any combination of these in the conduct of any occupation or profession pertaining to the prevention, diagnosis, or treatment of human disease or condition unless such a designation additionally contains the description of another branch of the healing arts for which one holds a valid license in this State that is applicable to the clinical setting; and (h) testifying as a physician in an administrative, civil, or criminal proceeding in this State by expressing an expert medical opinion. (37) "Practitioner" means a person who has been issued an authorization to practice in this State. The term does not include persons who have not been issued a license, registration, certification, or other authorization to practice in this State, except as provided by law for persons licensed in another state or jurisdiction. (38) "Presiding officer" means the chairman of the hearing panel or a designee. When no chair of the hearing panel has been designated, the term includes the chairman or vice chairman of the board or a designee. A person designated to act on behalf of the chairman of the board or a hearing panel may not have been involved with the investigation or prosecution of the particular matter. (39) "Private reprimand" means a statement by the board that misconduct was committed by a person authorized to practice which has been declared confidential and which is not subject to disclosure as a public document. (40) "Probation" means the issuance of an authorization to practice conditioned upon compliance with terms and conditions imposed by a licensing board in this State or another state. The holder of the authorization to practice on probation may petition the board for reinstatement to full, unrestricted practice upon compliance with all terms and conditions imposed by the board. (41) "Public reprimand" means a publicly available statement of the board that misconduct was committed by a person authorized to practice. (42) "Reactivation" means the restoration to active status of an authorization from inactive status. (43) "Readily available" means the physician or medical staff who enters into a practice agreement with an NP, CNM, or CNS must be able to be contacted either in person or by telecommunications or other electronic means to provide consultation and advice to the NP, CNM, or CNS performing medical acts. (44) "Reinstatement" means an action of the board in a disciplinary matter that authorizes the resumption of practice upon any terms or conditions ordered or agreed to by the board. (45) "Relinquish" means to permanently cancel or invalidate an authorization instead of disciplinary proceedings or final decision by the board. A person whose authorization to practice has been relinquished to the board is permanently ineligible for a license or other authorization of any kind from the board. Relinquishment is irrevocable, an admission of any or all of the allegations of misconduct, and reported and treated as a permanent revocation. (46) "Respondent" means a person charged with responding in a disciplinary or other administrative action. (47) "Revocation" means the permanent cancellation or withdrawal of an authorization issued by the board. A person whose authorization has been permanently revoked by the board is permanently ineligible for an authorization of any kind from the board. (48) "Significant disciplinary action" means a public decision in a disciplinary matter that involves substantial issues of professional or ethical competence or qualification to practice. The board may consider any actions taken by the original board or conduct considered relevant to the applicant's fitness for licensure to practice in this State. (49) "State identification bureau" means an authorized governmental agency responsible for receiving and screening the results of criminal history records checks in this State or another state. (50) "Supervision" means the process of critically observing, directing, and evaluating another person's performance, unless otherwise provided by law. (51) "Suspension" means the temporary withdrawal of authorization to practice for either a definite or indefinite period of time ordered by the board. The holder of a suspended authorization to practice may petition the board for reinstatement to practice upon compliance with all terms and conditions imposed by the board. (52) "Telehealth" means the use of electronic communications, information technology, or other means to deliver health care, patient and professional health-related education, public health, and health administration between a licensee in one location and a patient in another location with or without an intervening practitioner. (53) "Telemedicine" means the practice of medicine using electronic communications, information technology, or other means between a licensee in one location and a patient in another location with or without an intervening practitioner. (54) "Temporary license" means a current, time-limited document that authorizes practice at the level for which one is seeking licensure. (55) "Unprofessional conduct" means acts or behavior that fails to meet the minimally acceptable standard expected of similarly situated professionals including, but not limited to, conduct that may be harmful to the health, safety, and welfare of the public, conduct that may reflect negatively on one's fitness to practice, or conduct that may violate any provision of the code of ethics adopted by the board or a specialty. (56) "Voluntary surrender" means forgoing the authorization to practice by the subject of an initial or formal complaint pending further order of the board. It anticipates other formal action by the board and allows any suspension subsequently imposed to include this time. (57) "Volunteer license" means authorization of a retired practitioner to provide medical services to others through an identified charitable organization without remuneration. (58) "Certified medical assistant" or "CMA" means a person who: (1) has completed: (a) a medical assisting education program accredited by the Commission on Accreditation of Allied Health Education Programs or its successor, by the Accrediting Bureau of Health Education Schools or its successor, or by any accrediting agency recognized by the United States Department of Education, and which must include courses or components in anatomy and physiology, medical terminology, pharmacology, medical laboratory techniques, and clinical experience, provided the clinical experience component may be satisfied through an individual's work experience with a health care employer; (b) a Career and Technical Education Health Sciences Program approved by the South Carolina Department of Education; (c) a medical assisting program provided by a branch of the United States military; (d) a medical assisting United States Department of Labor-approved Registered Apprenticeship program; or (e) a training program that is delivered, in whole or in part, by a health care employer that aligns to a nationally accredited certification exam; and (2) a person who has complied with the provisions of subitem (1) and maintains current certification from a certifying body offering a certification program that is: (a) approved by the Board of Medical Examiners and the Board of Nursing; and (b) is accredited by the National Commission for Certifying Agencies or other accreditation body recognized by the Board of Medical Examiners and the Board of Nursing. The term "certified medical assistant" or "CMA" also includes medical assistants who have maintained certification from one of the certifying entities in subitem (2) of this section since January 1, 2020, and individuals employed as certified medical assistants as of the effective date of this act who do not meet the education or training requirements required in this item, but who meet those requirements no later than July 15, 2026. (59) "Unlicensed assistive personnel" or "UAP" means persons not currently licensed by the Board of Nursing as nurses, or persons who are not certified medical assistants as defined in Section 40-47-20(58), who perform routine nursing tasks that do not require a specialized knowledge base or the judgment or skill of a licensed nurse. Nursing tasks performed by unlicensed assistive personnel must be performed under the supervision of a physician, physician assistant, APRN, registered nurse, or licensed practical nurse. Unlicensed assistive personnel must not administer medications except as otherwise provided by law. Code Commissioner's Note At the direction of the Code Commissioner, the amendments made by 2024 Act No. 120, SECTION 3, and 2024 Act No. 209, SECTION 1, were read together. Editor's Note On August 24, 2006, the Supreme Court of South Carolina issued the following order, 2006-08-24-01, RE: Act No. 385 of 2006 — relating to defining the "practice of medicine": "Act No. 385 of 2006 — ratified 6/7/2006 and effective 6/9/2006 — substantially revises Chapter 47 of Title 40 of the South Carolina Code; the chapter dealing with 'physicians, surgeons, and osteopaths.' The Act contains the following language: 'Practice of Medicine' means: *** '(h) testifying as a physician in an administrative, civil, or criminal proceeding in this State by expressing an expert medical opinion.' "Section 40-47-20(36), Act No. 385, 2006 S.C. Acts ___. Furthermore, the Act provides significant detail regarding the information that the South Carolina Board of Medical Examiners shall require before issuing a 'limited license' to a physician licensed in good standing in another state who has been engaged to testify as an expert medical witness in an administrative or judicial proceeding in South Carolina. Section 40-47-35, Act No. 385, 2006 S.C. Acts ___. "Traditionally, court rules allowed any witness who was qualified as an expert by knowledge, skill, experience, training, or education to offer expert testimony in a South Carolina court. Rule 702, SCRE. Furthermore, in a lawsuit alleging a cause of action for medical malpractice, the general rule is that expert testimony is required to show that the defendant failed to conform to the required standard of care; specifically, the reasonable and ordinary knowledge, skill, and diligence physicians in similar neighborhoods and surroundings ordinarily use under like circumstances. Green v. Lilliewood, 272 S.C. 186, 192, 249 S.E.2d 910, 913 (1978) (quoting Jarboe v. Harting, 397 S.W.2d 775, 778 (Ky. 1965)). Thus, although no South Carolina statute or court rule has ever embraced the higher scrutiny applied as a pre-requisite for the admission of expert testimony enunciated in Daubert v. Merrell Dow Pharm., Inc., 509 U.S. 579 (1993), our rules have always charged the court with performing a 'gate keeping' function in limiting the presentation of expert testimony to situations where the testimony will assist the trier of fact in understanding evidence or determining a fact in issue.1 "After careful consideration, we believe that while the General Assembly certainly sought, through Act 385, to make needed revisions to the methods South Carolina courts utilize in the area of expert medical testimony, the effect of the revised statutes has the potential to substantially impair the orderly administration of justice. Specifically, Act 385 casts serious doubt on a physician's ability to offer testimony regarding the treatment provided to a witness, party litigant, or criminal defendant if the physician, at the time of trial, resides outside of South Carolina. This categorical exclusion overlooks the fact that the physician may have treated the patient in the physician's home jurisdiction, and also that the physician, although at one time licensed and providing treatment to the patient in South Carolina, has relocated out of this state. We believe requiring a treating physician to seek a South Carolina medical license before offering often necessary testimony strains Act 385 far beyond its intended scope. "Additionally, Act 385 is ambiguous as to its relevance to pre-trial practices and proceedings that are of fundamental importance to the judicial process. For example, Act 385's applicability to witnesses used during discovery that might not be used at trial is unclear. Furthermore, although expert testimony is traditionally presented by a witness offering live testimony, lawyers often draw heavily from learned treatises authored by prominent national experts. It would do a great disservice to our system of justice if the doors of South Carolina courtrooms were closed to these scholarly works and the country's leading medical scholars, who may have no intentions of ever visiting this jurisdiction, because our state law would deem them unqualified to offer expert testimony by virtue of their refusal to subject themselves to the disciplinary authority of the South Carolina Board of Medical Examiners.2 "The South Carolina Constitution vests this Court with the authority to make rules governing the administration of the unified South Carolina court system. S.C. Const. Art V, SECTION 4. In order to prevent a significant impairment to this Court's duty to properly administer the judicial power of South Carolina, and pursuant to Article V, Section 4's authority, we hereby temporarily delay judicial enforcement of Act 385 insofar as the Act requires a physician to obtain a license to practice medicine in South Carolina before offering expert medical testimony in a South Carolina administrative or court proceeding.3 "While we remain respectful of the General Assembly's voice in matters of practice and procedure in South Carolina's courts, this Court cannot allow the administration of justice to be substantially impaired. We are confident, however, that when the General Assembly provides further clarity on this matter, the changes that result will reflect careful consideration and deliberation; will consider and account for the scope of the court's existing rules and the need for efficient and orderly court administration; and will be subjected to close scrutiny in the Judiciary Committees of both the South Carolina Senate and the House of Representatives. "This order is effective immediately and shall remain in effect until further order of this Court. "FOOTNOTES: "1In Daubert, the United States Supreme Court interpreted Rule 702 of the Federal Rules of Evidence to require trial courts to ensure that all testimony offered as expert scientific, technical, or specialized testimony be both relevant and reliable, be grounded in scientific methods and procedures, and be supported by appropriate scientific validation. 509 U.S. at 589-92. Furthermore, the court interpreted federal evidentiary rules to require 'a preliminary assessment of whether the reasoning or methodology underlying the testimony is scientifically valid and of whether that reasoning or methodology properly can be applied to the facts in issue.' Id. at 592-93. Although Rule 702, SCRE, contains identical language to the federal rule, we have expressly declined to adopt this interpretation in South Carolina. See State v. Council, 335 S.C. 1, 20, 515 S.E.2d 508, 518 (1999) (declining to adopt Daubert; interpreting the South Carolina Rules of Evidence to require the trial judge to determine that the evidence will assist the trier of fact, that the expert witness is qualified, and that the underlying science is reliable; and adopting the factors set forth in State v. Jones, 273 S.C. 723, 259 S.E.2d 120 (1979) for determining the reliability of the offered evidence). "2We also note that although Title 40 of the Code has always contained civil and criminal penalties for violations of the title's licensing requirements and for aiding and abetting one who violates those provisions, see S.C. Code Ann. SECTIONS 40-1-210, 40-47-260 (2001), Act 385's significantly broader definition of the 'practice of medicine' and licensing requirements now introduce the possibility of incurring these penalties in connection with conducting a trial in South Carolina. "Furthermore, the Act defines the 'practice of medicine' to include 'rendering a written or otherwise documented medical opinion concerning the diagnosis or treatment of a patient or the actual rendering of treatment to a patient within this State by a physician located outside the State as a result of transmission of individual patient data by electronic or other means from within a state to such physician or his or her agent.' Section 40-47-20(36), Act No. 385, 2006 S.C. Acts ___. In an effort to ensure that unintended consequences do not overwhelm the noble motives of the legislation, these factors further necessitate our issuing this order. "3Because we are not presently presented with a case or controversy questioning the constitutionality of Act 385, we reserve those serious questions for another day. At the present, we rely exclusively on our Constitutional authority to police the orderly administration of justice in the South Carolina courts." 2022 Act No. 171, SECTION 4.B, provides as follows: "[SECTION 4.]B. CMAs include medical assistants who are currently employed in that capacity as of the effective date of this act who do not have the certification required by this SECTION but who achieve such certification no later than two years after the effective date of this act." Prior Laws:1904 (24) 512; 1905 (24) 938; 1908 (25) 1083; Civ. C. '12 SECTION 1618; 1920 (31) 1004; Civ. C. '22 SECTION 2400; 1932 Code SECTION 5150; 1942 Code SECTION 5150; 1952 Code SECTION 56-1354; 1962 Code SECTION 56-1354; 1976 Code SECTION 40-47-40. Effect of Amendment 2016 Act No. 210, SECTION 3, added (52), definition of telemedicine, and redesignated former (52) through (55) as (53) through (56). 2018 Act No. 234, SECTION 4, in (4), deleted "delegated" preceding "medical acts" and substituted "must be defined in a practice agreement pursuant to item (35)" for "are promulgated by the Board of Nursing in regulation"; deleted (5), which had related to the definition of "Approved written protocols", and redesignated (6) to (13) as (5) to (12); in (12), added the third sentence, requiring that APRNs performing medical acts must practice pursuant to a practice agreement; deleted (14), which had related to the definition of "Delegated medical acts to the APRN", and redesignated (15) to (30) as (13) to (28); inserted (29), relating to the definition of "Medical staff", and redesignated (31) to (35) as (30) to (34); inserted (35), relating to the definition of "Practice agreement"; rewrote (43), relating to the definition of "Readily available"; and made nonsubstantive changes. 2022 Act No. 171, SECTION 4.A, added (57) and (58). 2024 Act No. 120, SECTION 3, inserted (52), relating to the definition of "Telehealth", and redesignated former (52) to (58) as (53) to (59), respectively, and made nonsubstantive changes. 2024 Act No. 209, SECTION 1, rewrote (58), relating to the definition of "Certified medical assistant".
S.C. Code Ann. § 40-38-30 — SC Code / Title 40 / Chapter 38 / Section 40-38-30
SECTION 40-38-30. Unlawful to practice opticianry without license.
Status: in_force

It is unlawful for a person to practice as an optician without being licensed in accordance with this chapter. A person who displays a sign or in any way advertises himself to be an optician is deemed to be practicing opticianry within the meaning of this chapter. Editor's Note Prior Laws:1982 Act No. 396, SECTION 1; 1976 Code SECTION 40-38-20.
S.C. Code Ann. § 40-13-50 — SC Code / Title 40 / Chapter 13 / Section 40-13-50
SECTION 40-13-50. Administrative and fiscal activities to be provided by Department of Labor, Licensing and Regulation.
Status: in_force

The Department of Labor, Licensing and Regulation shall provide all administrative, fiscal, investigative, inspectional, clerical, secretarial, and license renewal operations and activities of the board in accordance with Section 40-1-50. Code Commissioner's Note At the direction of the Code Commissioner, reference to SECTION 41-1-50 was changed to SECTION 40-1-50.
S.C. Code Ann. § 40-85-60 — SC Code / Title 40 / Chapter 85 / Section 40-85-60
SECTION 40-85-60. Administrative support.
Status: in_force

The Department of Labor, Licensing and Regulation shall provide all administrative, fiscal, investigative, inspectional, clerical, secretarial, and license renewal operations and activities of the board in accordance with Chapter 1.
S.C. Code Ann. § 40-3-10 — SC Code / Title 40 / Chapter 3 / Section 40-3-10
SECTION 40-3-10. Board of Architectural Examiners created.
Status: in_force

(A) There is created the Board of Architectural Examiners under the administration of the Department of Labor, Licensing and Regulation. The purpose of this board is to regulate the practice of architecture in South Carolina. (B) The Board of Architectural Examiners consists of six persons. One must be a professor of architecture in a university or college controlled by the State who also must be an architect registered in the State of South Carolina, four must be architects engaged in the practice of architecture in this State, and one must be a representative of the general public. Members serve terms of five years and until their successors are appointed and qualify. No member may serve more than two consecutive full terms, except the professor of architecture member. Vacancies must be filled in the manner of the original appointment for the unexpired portion of the term. (C) Nominations for appointment to the board may be submitted to the Governor from the board or any individual, group, or association. Editor's Note Prior Laws:1917 (30) 198; Civ. C. '22 SECTION 2879; 1922 (32) 823; 1932 Code SECTION 7056; 1942 Code SECTION 7056; 1952 Code SECTION 56-52; 1962 Code SECTION 56-52; 1971 (57) 858; 1984 Act No. 503, SECTION 1; 1992 Act No. 446, SECTION 1; 1976 Code SECTION 40-3-30.
S.C. Code Ann. § 40-23-115 — SC Code / Title 40 / Chapter 23 / Section 40-23-115
SECTION 40-23-115. Board jurisdiction.
Status: in_force

(A) The board has jurisdiction over the actions committed or omitted by current and former licensees during the entire period of licensure. (B) The board has jurisdiction to act on any matter which arose prior to any licensee's period of licensure by the board where the matter reflects upon the licensee's fitness to practice in this State.
S.C. Code Ann. § 40-69-190 — SC Code / Title 40 / Chapter 69 / Article 1 / Section 40-69-190
SECTION 40-69-190. Complainant's rights; disciplinary hearings; release of information while proceeding pending; final order, contents and public inspection.
Status: in_force

(A) The board shall provide written acknowledgement of every initial complaint and notify the initial complainant in writing of the disposition of the matter. Although entitled to notice, an initial complainant is not a party to the proceeding and is not entitled to appeal or otherwise seek review of the dismissal or other disposition of the matter. The complainant has the right to be present at any disciplinary hearing but may only participate as a witness. The disciplinary hearing must be open to the public. The board may deliberate in executive session but must not take any final action during the executive session. (B) Except as otherwise provided in this chapter, a person connected with any complaint, investigation, or other proceeding before the board, including, but not limited to, the complainant, any witness, counsel, counsel's secretary, board member, board employee, court reporter, or investigator, must not mention the existence of the complaint, investigation, or other proceeding, disclose any information pertaining to the complaint, investigation, or other proceeding, or discuss any testimony or other evidence in the complaint, investigation, or other proceeding, except to persons involved and having a direct interest in the complaint, investigation, or other proceeding, and then only to the extent necessary for the proper disposition of the complaint, investigation, or other proceeding. This prohibition does not apply to any matter contained in a formal complaint and answer made available for public inspection by this chapter or any matter or document disclosed in a public hearing. However, whenever the board receives information in any complaint, investigation, or other proceeding before it indicating a violation of state or federal law, the board may provide that information, to the extent the board considers necessary, to the appropriate state or federal law enforcement agency or regulatory body. (C) The board must make its final order, finding that a licensee has violated a provision of this chapter, available for public inspection. The final order must include any facts or circumstances necessary to explain or support the board's findings and describe any sanction imposed. The board's final order must not identify a complainant or witness involved in any disciplinary proceeding alleging sexual misconduct by the licensee upon request of the complainant or witness.
S.C. Code Ann. § 40-11-550 — SC Code / Title 40 / Chapter 11 / Article 3 / Section 40-11-550
SECTION 40-11-550. Applicability to personal injury and death actions; indication of grant of stay on civil action cover sheet.
Status: in_force

(A) This article does not apply to actions arising out of claims for personal injury, death, or both. (B) South Carolina Court Administration is directed to develop a designation on the civil action cover sheet which indicates whether a stay has been granted for a civil action filed pursuant to this article.
S.C. Code Ann. § 40-55-400 — SC Code / Title 40 / Chapter 55 / Article 3 / Section 40-55-400
SECTION 40-55-400. Establishment of the Psychology Interjurisdictional Compact Commission.
Status: in_force

(A)(1) The compact states hereby create and establish a joint public agency known as the Psychology Interjurisdictional Compact Commission. (2) The commission is a body politic and an instrumentality of the compact states. (3) Venue is proper and judicial proceedings by or against the commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the commission is located. The commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings. (4) Nothing in this compact shall be construed to be a waiver of sovereign immunity. (B)(1) The commission shall consist of one voting representative appointed by each compact state who shall serve as that state's commissioner. The state psychology regulatory authority shall appoint its delegate. This delegate shall be empowered to act on behalf of the compact state. This delegate shall be limited to: (a) executive director, executive secretary, or similar executive; (b) current member of the state psychology regulatory authority of a compact state; or (c) designee empowered with the appropriate delegate authority to act on behalf of the compact state. (2) Any commissioner may be removed or suspended from office as provided by the law of the state from which the commissioner is appointed. Any vacancy occurring in the commission shall be filled in accordance with the laws of the compact state in which the vacancy exists. (3) Each commissioner shall be entitled to one vote with regard to the promulgation of rules and creation of bylaws and shall otherwise have an opportunity to participate in the business and affairs of the commission. A commissioner shall vote in person or by such other means as provided in the bylaws. The bylaws may provide for commissioners' participation in meetings by telephone or other means of communication. (4) The commission shall meet at least once during each calendar year. Additional meetings shall be held as set forth in the bylaws. (5) All meetings shall be open to the public, and public notice of meetings shall be given in the same manner as required under the rulemaking provisions in Section 40-55-410. (6) The commission may convene in a closed, nonpublic meeting if the commission must discuss: (a) noncompliance of a compact state with its obligations under the compact; (b) the employment, compensation, discipline, or other personnel matters, practices, or procedures related to specific employees or other matters related to the commission's internal personnel practices and procedures; (c) current, threatened, or reasonably anticipated litigation against the commission; (d) negotiation of contracts for the purchase or sale of goods, services, or real estate; (e) accusation against any person of a crime or formally censuring any person; (f) disclosure of trade secrets or commercial or financial information which is privileged or confidential; (g) disclosure of information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy; (h) disclosure of investigatory records compiled for law enforcement purposes; (i) disclosure of information related to any investigatory reports prepared by or on behalf of or for use of the commission or other committee charged with responsibility for investigation or determination of compliance issues pursuant to the compact; or (j) matters specifically exempted from disclosure by federal and state statute. (7) If a meeting, or portion of a meeting, is closed pursuant to this provision, the commission's legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exempting provision. The commission shall keep minutes which fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, of any person participating in the meeting, and the reasons therefore, including a description of the views expressed. All documents considered in connection with an action shall be identified in such minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release only by a majority vote of the commission or order of a court of competent jurisdiction. (C) The commission shall, by a majority vote of the commissioners, prescribe bylaws, rules, or both, to govern its conduct as may be necessary or appropriate to carry out the purposes and exercise the powers of the compact including, but not limited to: (1) establishing the fiscal year of the commission; (2) providing reasonable standards and procedures: (a) for the establishment and meetings of other committees; and (b) governing any general or specific delegation of any authority or function of the commission; (3) providing reasonable procedures for calling and conducting meetings of the commission, ensuring reasonable advance notice of all meetings and providing an opportunity for attendance of such meetings by interested parties, with enumerated exceptions designed to protect the public's interest, the privacy of individuals of such proceedings, and proprietary information, including trade secrets. The commission may meet in closed session only after a majority of the commissioners vote to close a meeting to the public, in whole or in part. As soon as practicable, the commission must make public a copy of the vote to close the meeting revealing the vote of each commissioner with no proxy votes allowed; (4) establishing the titles, duties, and authority and reasonable procedures for the election of the officers of the commission; (5) providing reasonable standards and procedures for the establishment of the personnel policies and programs of the commission. Notwithstanding any civil service or other similar law of any compact state, the bylaws shall exclusively govern the personnel policies and programs of the commission; (6) promulgating a code of ethics to address permissible and prohibited activities of commission members and employees; (7) providing a mechanism for concluding the operations of the commission and the equitable disposition of any surplus funds that may exist after the termination of the compact after the payment and/or reserving of all of its debts and obligations; (8) publishing its bylaws in a convenient form and filing a copy thereof and a copy of any amendment thereto, with the appropriate agency or officer in each of the compact states; (9) maintaining its financial records in accordance with the bylaws; and (10) meeting and taking such actions as are consistent with the provisions of this compact and the bylaws. (D) The commission shall have the following powers: (1) to promulgate uniform rules to facilitate and coordinate implementation and administration of this compact. The rule shall have the force and effect of law and shall be binding in all compact states; (2) to bring and prosecute legal proceedings or actions in the name of the commission, provided that the standing of any state psychology regulatory authority or other regulatory body responsible for psychology licensure to sue or be sued under applicable law shall not be affected; (3) to purchase and maintain insurance and bonds; (4) to borrow, accept, or contract for services of personnel including, but not limited to, employees of a compact state; (5) to hire employees, elect or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of the compact, and establish the commission's personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters; (6) to accept any and all appropriate donations and grants of money, equipment, supplies, materials and services, and to receive, utilize, and dispose of the same; provided that at all times the commission shall strive to avoid any appearance of impropriety or conflict of interest; (7) to lease, purchase, accept appropriate gifts or donations of, or otherwise to own, hold, improve, or use, any property, real, personal, or mixed; provided that at all times the commission shall strive to avoid any appearance of impropriety; (8) to sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property real, personal, or mixed; (9) to establish a budget and make expenditures; (10) to borrow money; (11) to appoint committees, including advisory committees comprised of members, state regulators, state legislators or their representatives, and consumer representatives, and such other interested persons as may be designated in this compact and the bylaws; (12) to provide and receive information from, and to cooperate with, law enforcement agencies; (13) to adopt and use an official seal; and (14) to perform such other functions as may be necessary or appropriate to achieve the purposes of this compact consistent with the state regulation of psychology licensure, temporary in-person, face-to-face practice, and telepsychology practice. (E)(1) The elected officers shall serve as the executive board, which shall have the power to act on behalf of the commission according to the terms of this compact. (2) The executive board shall be comprised of six members: (a) five voting members who are elected from the current membership of the commission by the commission; and (b) one ex officio, nonvoting member from the recognized membership organization composed of state and provincial psychology regulatory authorities. (3) The ex officio member must have served as staff or member on a state psychology regulatory authority and will be selected by its respective organization. (4) The commission may remove any member of the executive board as provided in bylaws. (5) The executive board shall meet at least annually. (6) The executive board shall have the following duties and responsibilities: (a) recommend to the entire commission changes to the rules or bylaws, changes to this compact legislation, fees paid by compact states such as annual dues, and any other applicable fees; (b) ensure compact administration services are appropriately provided, contractual or otherwise; (c) prepare and recommend the budget; (d) maintain financial records on behalf of the commission; (e) monitor compact compliance of member states and provide compliance reports to the commission; (f) establish additional committees as necessary; and (g) other duties as provided in rules or bylaws. (F)(1) The commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization, and ongoing activities. (2) The commission may accept any and all appropriate revenue sources, donations, and grants of money, equipment, supplies, materials, and services. (3) The commission may levy and collect an annual assessment from each compact state or impose fees on other parties to cover the cost of the operations and activities of the commission and its staff which must be in a total amount sufficient to cover its annual budget as approved each year for which revenue is not provided by other sources. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the commission which shall promulgate a rule binding upon all compact states. (4) The commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same; nor shall the commission pledge the credit of any of the compact states, except by and with the authority of the compact state. (5) The commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the commission shall be audited yearly by a certified or licensed public accountant and the report of the audit shall be included in and become part of the annual report of the commission. (G)(1) The members, officers, executive director, employees, and representatives of the commission shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error, or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties or responsibilities; provided that nothing in this subsection shall be construed to protect any such person from suit or liability for any damage, loss, injury or liability caused by the intentional or wilful or wanton misconduct of that person. (2) The commission shall defend any member, officer, executive director, employee, or representative of the commission in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred within the scope of commission employment, duties, or responsibilities, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities; provided that nothing herein shall be construed to prohibit that person from retaining his or her own counsel; and provided further, that the actual or alleged act, error, or omission did not result from that person's intentional or wilful or wanton misconduct. (3) The commission shall indemnify and hold harmless any member, officer, executive director, employee, or representative of the commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error, or omission that occurred within the scope of commission employment, duties, or responsibilities, or that such person had a reasonable basis for believing occurred within the scope of commission employment, duties or responsibilities, provided that the actual or alleged act, error, or omission did not result from the intentional or wilful or wanton misconduct of that person.
S.C. Code Ann. § 40-10-70 — SC Code / Title 40 / Chapter 10 / Section 40-10-70
SECTION 40-10-70. Powers and duties; complaints.
Status: in_force

In addition to the powers and duties provided in Chapter 1, the board may: (1) establish a time limit within which a complaint must be considered by the board; (2) order an entity or individual found in violation of this chapter, Chapter 1, or regulations promulgated under this chapter to take remedial action; (3) establish a procedure for receiving complaints that protects the anonymity of the person filing the complaint.
S.C. Code Ann. § 40-10-290 — SC Code / Title 40 / Chapter 10 / Section 40-10-290
SECTION 40-10-290. Bankruptcy.
Status: in_force

A licensee who, voluntarily or involuntarily, is subjected to any provision of the laws of bankruptcy shall notify the board within fifteen days and provide any and all information pertinent to the bankruptcy that the board may require.
S.C. Code Ann. § 40-59-240 — SC Code / Title 40 / Chapter 59 / Article 1 / Section 40-59-240
SECTION 40-59-240. Residential specialty contractors; classification; examination; county and municipal business license ordinances; bonds.
Status: in_force

(A) The commission by regulation shall classify residential specialty contractors in a manner consistent with established usage and procedure in the construction business and may limit the field and scope of the operations of a residential specialty contractor to those in which he is to be registered or certified. Residential specialty contractor registrations and certificates issued by the commission may not be for more than three of the classifications recognized by the commission. Residential specialty contractors registered or certified or wishing to be registered or certified for more than three classifications must be examined and licensed as residential builders. (B) Residential specialty contractors must be qualified and experienced in the particular areas of the contracting vocation in which they intend to, and do, engage. The commission, by regulation, may require examination in these areas. (C) Residential specialty contractors are not exempt from complying with county and municipal business license ordinances or other regulatory ordinances. A county or municipality may require a residential specialty contractor to be examined and licensed in accordance with standards adopted by the county or municipality; however, if a residential specialty contractor has passed an examination in his area of contracting and approved by the commission, no additional examination may be required by a county or municipality. (D) When the total cost of materials and labor for an undertaking performed by a residential specialty contractor for an individual property owner exceeds five thousand dollars, the residential specialty contractor shall obtain an executed bond with a surety in an amount approved by the commission and shall furnish a signed original to the commission. Editor's Note Prior Laws:1990 Act No. 595, SECTION 8; 1991 Act No. 130, SECTION 2; 1993 Act No. 72, SECTION 3; 1999 Act No. 91, SECTION 8; 1976 Code SECTION 40-59-77.
S.C. Code Ann. § 40-9-37 — SC Code / Title 40 / Chapter 9 / Section 40-9-37
SECTION 40-9-37. Conduct of advisory election.
Status: in_force

Each chiropractor, licensed pursuant to Chapter 9, Title 40, Code of Laws of South Carolina, 1976, and residing within the congressional district from which the appointment is to be made, shall be entitled to vote in the advisory election. A ballot shall be sent by certified mail to each licensed chiropractor residing in that congressional district from which the appointment is to be made. The ballot shall contain the name of each chiropractor licensed pursuant to this chapter and residing within the congressional district from which the appointment is to be made, as indicated by the records of the Board of Chiropractic Examiners or its predecessor. A space shall be provided for write-in votes for qualified candidates whose names do not appear on the ballot. The ballot shall specify the date by which the returned ballot must be received by the agency conducting the advisory election. The ballots shall be opened at 9:00 A.M. on the day following the date specified for the receipt of the ballots and the results shall be tabulated. The tabulated results shall be immediately forwarded to the Governor. Editor's Note 2012 Act No. 222, SECTION 15, provides as follows: "SECTION 15. Notwithstanding any other provision of law to the contrary, any person elected or appointed to serve, or serving, as a member of any board, commission, or committee to represent a congressional district, whose residency is transferred to another district by a change in the composition of the district, may serve, or continue to serve, the term of office for which he was elected or appointed; however, the appointing or electing authority shall appoint or elect an additional member on that board, commission, or committee from the district which loses a resident member on it as a result of the transfer to serve until the term of the transferred member expires. When a vacancy occurs in the district to which a member has been transferred, the vacancy must not be filled until the full term of the transferred member expires." Effect of Amendment The 2012 amendment removed "For the initial election the records used shall be the records of the South Carolina Board of Chiropractic Examiners on May 10, 1978."
S.C. Code Ann. § 40-45-590 — SC Code / Title 40 / Chapter 45 / Article 3 / Section 40-45-590
SECTION 40-45-590. Rulemaking.
Status: in_force

(A) The commission shall exercise its rulemaking powers pursuant to the criteria set forth in this section and the rules adopted thereunder. Rules and amendments must become binding as of the date specified in each rule or amendment. (B) If a majority of the legislatures of the member states rejects a rule, by enactment of a statute or resolution in the same manner used to adopt the compact within four years of the date of adoption of the rule, then such rule shall have no further force and effect in any member state. (C) Rules or amendments to the rules must be adopted at a regular or special meeting of the commission. (D) Prior to promulgation and adoption of a final rule or rules by the commission, and at least thirty days in advance of the meeting at which the rule will be considered and voted upon, the commission shall file a notice of proposed rulemaking on the website of: (1) the commission or other publicly accessible platform; and (2) each member state physical therapy licensing board or other publicly accessible platform or the publication in which each state would otherwise publish proposed rules. (E) The notice of proposed rulemaking shall include: (1) the proposed time, date, and location of the meeting in which the rule will be considered and voted upon; (2) the text of the proposed rule or amendment and the reason for the proposed rule; (3) a request for comments on the proposed rule from any interested person; and (4) the manner in which interested persons may submit notice to the commission of their intention to attend the public hearing and any written comments. (F) Prior to adoption of a proposed rule, the commission shall allow persons to submit written data, facts, opinions, and arguments, which must be made available to the public. (G) The commission shall grant an opportunity for a public hearing before it adopts a rule or amendment if a hearing is requested by: (1) at least twenty-five persons; (2) a state or federal governmental subdivision or agency; or (3) an association having at least twenty-five members. (H) If a hearing is held on the proposed rule or amendment, the commission shall publish the place, time, and date of the scheduled public hearing. If the hearing is held via electronic means, the commission shall publish the mechanism for access to the electronic hearing. (1) All persons wishing to be heard at the hearing shall notify the executive director of the commission or other designated member in writing of their desire to appear and testify at the hearing not less than five business days before the scheduled date of the hearing. (2) Hearings must be conducted in a manner providing each person who wishes to comment a fair and reasonable opportunity to comment orally or in writing. (3) All hearings must be recorded. A copy of the recording will be made available on request. (4) Nothing in this section must be construed as requiring a separate hearing on each rule. Rules may be grouped for the convenience of the commission at hearings required by this section. (I) Following the scheduled hearing date, or by the close of business on the scheduled hearing date if the hearing was not held, the commission shall consider all written and oral comments received. (J) If no written notice of intent to attend the public hearing by interested parties is received, the commission may proceed with promulgation of the proposed rule without a public hearing. (K) The commission shall, by majority vote of all members, take final action on the proposed rule and shall determine the effective date of the rule, if any, based on the rulemaking record and the full text of the rule. (L) Upon determination that an emergency exists, the commission may consider and adopt an emergency rule without prior notice, opportunity for comment, or hearing, provided that the usual rulemaking procedures provided in the compact and in this section must be retroactively applied to the rule as soon as reasonably possible, in no event later than ninety days after the effective date of the rule. For the purposes of this subsection, an emergency rule is one that must be adopted immediately in order to: (1) meet an imminent threat to public health, safety, or welfare; (2) prevent a loss of commission or member state funds; (3) meet a deadline for the promulgation of an administrative rule that is established by federal law or rule; or (4) protect public health and safety. (M) The commission or an authorized committee of the commission may direct revisions to a previously adopted rule or amendment for purposes of correcting typographical errors, errors in format, errors in consistency, or grammatical errors. Public notice of any revisions must be posted on the website of the commission. The revision must be subject to challenge by any person for a period of thirty days after posting. The revision may be challenged only on grounds that the revision results in a material change to a rule. A challenge must be made in writing, and delivered to the chair of the commission prior to the end of the notice period. If no challenge is made, the revision will take effect without further action. If the revision is challenged, the revision may not take effect without the approval of the commission.
S.C. Code Ann. § 40-45-110 — SC Code / Title 40 / Chapter 45 / Article 1 / Section 40-45-110
SECTION 40-45-110. Refusal to grant licenses; suspensions, revocations, or other restrictions; grounds; mental and physical exams allowed; evidentiary use of records; opportunity to demonstrate ability to practice.
Status: in_force

(A) In addition to other grounds provided for in Section 40-1-110, the board, after notice and hearing, may restrict or refuse to grant a license to an applicant and may refuse to renew the license of a licensed person, and may suspend, revoke, or otherwise restrict the license of a licensed person who: (1) requests, receives, participates, or engages directly or indirectly in the dividing, transferring, assigning, rebating, or refunding of fees received for professional services or profits by means of a credit or other valuable consideration including, but not limited to, wages, an unearned commission, discount, or gratuity with a person who referred a patient, or with a relative or business associate of the referring person; (2) has treated or undertaken to treat human ailments otherwise than by physical therapy or has practiced physical therapy and failed to refer to a licensed medical doctor or dentist any patient whose medical condition should have been determined at the time of evaluation or treatment to be beyond the scope of practice of a physical therapist; (3) knowingly aided, assisted, procured, or advised a person to practice physical therapy contrary to this chapter or to regulations promulgated by the board pursuant to this chapter or knowingly performed an act which aids, assists, procures, or advises an unlicensed person to practice physical therapy; (4) in the absence of a referral from a licensed medical doctor or dentist, provides physical therapy services beyond thirty days after the initial evaluation and/or treatment date without the referral of the patient to a licensed medical doctor or dentist; (5) changes, or in any way modifies, any specific patient care instructions or protocols established by an appropriate health care provider without prior consultation with and approval by the appropriate health care provider. (B) An act or omission by a licensee causing the denial, revocation, suspension, or restriction of a license to practice physical therapy in another state is sufficient for the issuance of a formal complaint and the commencement of disciplinary proceedings as provided in this section. Proof of an act or omission may be shown by a copy of the transcript of record of the disciplinary proceedings in another state or a copy of the final order, consent order, or similar order stating the basis for the action taken. This subsection applies only when the disciplinary action taken in another state is based on grounds that would constitute grounds for disciplinary action under subsection (A) and Section 40-1-110. Upon the filing of an initial complaint alleging that a licensee has been disciplined in another state, the licensee must submit to the board copies of all transcripts, documents, and orders used, relied upon, or issued by the licensing authority in the other state. Failure to submit these items within ninety days of the board's request for them results in the suspension of the individual's license to practice physical therapy in this State until the items have been provided to the board. A licensee may present mitigating testimony to the board regarding disciplinary action taken in another state or evidence that the acts or omissions committed in another state do not constitute grounds for disciplinary action under subsection (A) and Section 40-1-110. (C) A complaint may be made in writing to the board or may be made by the board on its own initiative. (D) In enforcing this chapter, the board, upon reasonable grounds, may require a licensee or applicant to submit to a mental or physical examination performed by a physician designated by the board and including, but not limited to, urinalysis and blood work to determine the presence of drugs. The results of an examination are admissible in a hearing before the board, notwithstanding a claim or privilege under a contrary rule of law or statute. A person who accepts the privilege of practicing physical therapy in this State is deemed to have consented to submit to a mental or physical examination and to have waived all objections to the admissibility of the results in a hearing before the board upon the grounds that the same constitutes a privileged communication. If a licensee or applicant fails to submit to an examination when properly directed to do so by the board, unless the failure was due to circumstances beyond the person's control, the board shall enter an order automatically suspending or denying the license pending compliance and further order of the board. A licensee or applicant who is prohibited from practicing physical therapy under this subsection must be afforded at reasonable intervals an opportunity to demonstrate to the board the ability to resume or begin the practice of physical therapy with reasonable skill and safety to patients. (E) In enforcing this chapter, the board upon reasonable grounds may obtain records relating to the mental or physical condition of a licensee or applicant including, but not limited to, psychiatric records; and these records are admissible in a hearing before the board, notwithstanding any other provision of law. A person who accepts the privilege of practicing physical therapy in this State or who files an application to practice physical therapy in this State is deemed to have consented to the board obtaining these records and to have waived all objections to the admissibility of these records in a hearing before the board upon the grounds that the same constitute a privileged communication. If a licensee or applicant refuses to sign a written consent for the board to obtain these records when properly requested by the board, unless the failure was due to circumstances beyond the person's control, the board shall enter an order automatically suspending or denying the license pending compliance and further order of the board. A licensee or applicant who is prohibited from practicing physical therapy under this subsection must be afforded reasonable opportunity to demonstrate to the board the ability to resume or begin the practice of physical therapy with reasonable skill and safety to patients.
S.C. Code Ann. § 40-60-360 — SC Code / Title 40 / Chapter 60 / Article 3 / Section 40-60-360
SECTION 40-60-360. Promulgation of regulations to establish fees for registration, renewal, and reinstatement; national registry fees.
Status: in_force

(A) The board shall promulgate regulations to establish fees for registration, renewal, and reinstatement and additional fees as are reasonably necessary for the administration of this chapter and as required in subsection (B) and (C). The fees must be established in consideration of the costs of administering this chapter and the actual cost of the specific service to be provided or performed. The board periodically shall review and adjust the schedule of fees as needed to cover expenses. (B) The board also shall collect the information and national registry fees established by the Appraisal Subcommittee of the Federal Financial Institutions Examination Council pursuant to 12 U.S.C. Section 3338 and regulations adopted pursuant to it from each appraisal management company registered in this State or seeking to be registered in this State. (C) The board shall collect the information and the national registry fees established by the Appraisal Subcommittee of the Federal Financial Institutions Examination Council pursuant to 12 U.S.C. Section 3338 and regulations adopted pursuant to it from each appraisal management company exempt from registration pursuant to Section 40-60-340(5). (D) All appraisal management company national registry fees collected must be transferred to the appraisal subcommittee. (E) The board shall adopt regulations regarding the determination of the size of the appraiser panel of an appraisal management company in accordance with the rules of the Appraisal Subcommittee of the Federal Financial Institutions Examination Council pursuant to 12 U.S.C. Section 3338. (F) Notwithstanding another provision of this chapter, pursuant to 12 U.S.C. Section 3338 and regulations pursuant to it, the board must transmit to the appraisal subcommittee, on a timely basis, reports of supervisory activities involving appraisal management companies or other third-party providers of appraisals and appraisal management services, including investigations initiated and action taken. Editor's Note 2017 Act No. 32, SECTION 5, provides as follows: "SECTION 5. This act takes effect upon approval by the Governor. In the event that a registration process is unavailable upon the effective date of this act, an appraisal management company already conducting business in this State may continue to conduct business until one hundred twenty days after a registration process becomes available." Effect of Amendment 2024 Act No. 196, SECTION 20, in (A), in the first sentence, added "and as required in subsection (B) and (C)" at the end; in (B), inserted "information and"; and added (F).
S.C. Code Ann. § 40-2-245 — SC Code / Title 40 / Chapter 2 / Article 1 / Section 40-2-245
SECTION 40-2-245. Requirements to practice if licensed out of state.
Status: in_force

(A) An individual whose principal place of business is outside this State is presumed to have qualifications equivalent to this state's requirements if the individual: (1) has successfully passed the Uniform CPA Examination; (2) holds an active certificate, license, or permit issued pursuant to the laws of any state, territory of the United States, the District of Columbia, or any foreign authority recognized by the International Qualifications Appraisal Board under a Mutual Recognition Agreement; and (3) is legally authorized to practice in the jurisdiction where the existing certificate, license, or permit is held. (B) Such individual may exercise all privileges of a licensee in this State without obtaining a license pursuant to Section 40-2-35 if the individual meets the requirements contained in subsection (A). (C) Notwithstanding any other provision of law, an individual offering or rendering professional services in this State, whether in person, by mail, telephone, or electronic means, shall be granted practice privileges in this State subject to the conditions contained in subsection (A). No notice, fee, or other submission is required for the individual to practice pursuant to these privileges. (D) By exercising practice privileges pursuant to this section, an individual licensee or holder of a permit or certificate to practice from another jurisdiction, along with the firm employing that licensee or permit or certificate holder: (1) consents to the personal and subject matter jurisdiction of the board and its disciplinary authority; (2) agrees to comply with the regulations and provisions of this section; (3) agrees to cease offering or rendering professional services in this State, individually or on behalf of a firm, if their license, permit, or certificate from his principal jurisdiction is no longer valid; (4) consents to service of an administrative notice of hearing at the board in the individual's principal jurisdiction should any action or proceeding be initiated by that board against the licensee. (E) A licensee of this State who offers or renders services or uses the CPA title in another state shall be subject to disciplinary action in this State for any act committed in the other state that would subject the licensee to discipline if committed in this State. The board shall investigate any complaint made by the Board of Accountancy, or equivalent regulatory agency, in another state. Effect of Amendment 2022 Act No. 174, SECTION 1, rewrote the section. 2025 Act No. 34, SECTION 14, rewrote the section.
S.C. Code Ann. § 40-69-50 — SC Code / Title 40 / Chapter 69 / Article 1 / Section 40-69-50
SECTION 40-69-50. Administration as revenue funded board.
Status: in_force

The board must be administered by the Department of Labor, Licensing and Regulation as a revenue funded board in accordance with Section 40-1-50.
S.C. Code Ann. § 40-26-40 — SC Code / Title 40 / Chapter 26 / Section 40-26-40
SECTION 40-26-40. Disciplinary action for violations.
Status: in_force

A violation of this chapter is considered a violation against the person's license, registration, or certification and subjects the person to disciplinary action by the board under which the person is licensed, registered, or certified.
S.C. Code Ann. § 40-13-360 — SC Code / Title 40 / Chapter 13 / Section 40-13-360
SECTION 40-13-360. Exemptions from chapter.
Status: in_force

The following are exempt from this chapter while engaged in the proper discharge of their professional duties: (1) a manufacturer's representative or sales person who demonstrates a product or technique for a promotional purpose; (2) an educational activity conducted in connection with a monthly, annual, or other special program from which the general public is excluded, provided this exemption applies only to the specific days of the special program; (3) a demonstration conducted by a manufacturer or a wholesaler for the purpose of exhibiting the technical application and use of a product; and (4) an unlicensed person employed in a cosmetology salon whose duties are expressly confined to shampooing hair under the direct supervision of a cosmetologist. Editor's Note Prior Laws:1982 Act No. 388; 1976 Code SECTION 40-13-270.
S.C. Code Ann. § 40-60-170 — SC Code / Title 40 / Chapter 60 / Article 1 / Section 40-60-170
SECTION 40-60-170. Investigation and prosecution costs.
Status: in_force

A person found in violation of this chapter or regulations promulgated under this chapter may be required to pay costs associated with the investigation and prosecution of the case, including appeals, in accordance with Section 40-1-170. Editor's Note Prior Laws:2000 Act No. 335, SECTION 1; 1976 Code SECTION 40-60-180.
S.C. Code Ann. § 40-79-220 — SC Code / Title 40 / Chapter 79 / Section 40-79-220
SECTION 40-79-220. Branch office and registered employee requirements.
Status: in_force

(A) The following branch office requirements apply: (1) The department shall issue a certificate to each branch burglar alarm office. This certificate authorizes the branch office to conduct business under the name of the licensed entity. The department may create the certificate as necessary. The licensed entity must apply for the certificate prior to opening the branch office and must not conduct business from this office until the application has been approved by the department and a license number has been issued for the branch office. The certificate must be posted within the branch office upon receipt from the department. (2) Each branch office doing business in this State must have a primary qualifying party assigned to that location exclusively. This primary qualifying party may not be a primary qualifying party for any other business location. Any disciplinary action taken by the board affects all of the offices equally, unless otherwise stipulated by the board. (3) All branch offices shall pay a separate license fee. (4) Every branch office and the primary qualifying party must be registered with the department prior to opening the branch office. All registered employees who have access to the licensee's client records must be registered with the department within thirty working days of employment within the branch office. (5) Each branch office must have a separate comprehensive general liability insurance policy or be listed on the home office policy in accordance with this chapter. (B) The following qualifying party requirements apply: (1) An alarm business, including a sole proprietorship, may not do business unless it has in its employment a primary qualifying party who meets the requirements of this chapter. (2) Upon passing all required examinations and meeting all other requirements, the qualifying party must be issued a qualifying party certificate. Any number of employees may become qualified and may be listed as qualifying parties. (3) If a qualifying party ceases to perform his duties or leaves employment of the licensee, the licensee and qualifying party must notify the department in writing within fifteen days. The licensee must obtain a substitute primary qualifying party within ninety days after the primary qualifying party ceases to perform his duties. If the licensee notifies the department within the prescribed time, the license shall remain in good standing until the prescribed time limit has expired. If the primary qualifier is not replaced within the time limit above, the license or certificate, or both, may be canceled by the department. If the licensee or qualifying party, or either, fails to notify the department within the required time, disciplinary action may be taken in accordance with this chapter. (4) A qualifying party may transfer his qualifications to another alarm business when he becomes a new employee for that business. The new employer must send written notification of the qualifying party's new employment to the department within fifteen days of employment. (5) No qualifying party for an alarm business may serve as a qualifying party for more than one licensee at a time and must be a full-time employee of the licensee. (6) Any qualifying party that is not listed as a qualifying party for an alarm business for four consecutive years must pass any examinations required by the board in order to become certified. (C) The following registered employee requirements apply: (1) All employees of a licensed alarm business that meet the definition of registered, as provided in Section 40-79-20, must be registered on a form provided by the department. The licensee must conduct a criminal background check of any applicant for employment and report the results to the department in conjunction with the registration process. The department must be notified by the licensee of each employee required to be licensed within thirty days of employment along with the results of the criminal background check of the new employee. An employee must not have access to the burglar alarm client's records until the license applicant or licensed entity verifies that the employee has not been convicted of a crime listed in Section 40-79-130 and documents in the employee's personnel file that the individual meets the registration requirements set forth in this chapter. If the employee has been convicted of a crime listed in Section 40-79-130, in order to be registered the individual must appear before the board and present evidence satisfactory to the board, in its discretion, as to the individual's fitness and qualifications for registration. (2) The department must be notified in writing by the licensee and registered employee of termination of employment for any registered employee within thirty days after termination. If the registered employee fails to notify the department within thirty days, the department shall immediately cancel the registration of the employee. Failure of the licensee and registered employee to notify the department of the termination of the employee within thirty days may result in disciplinary action for violation of this chapter. (3) A licensee may employ, without registering under this section, administrative, monitoring, or customer service personnel working temporarily within this State for a period not to exceed thirty consecutive days. These employees must not have access to the alarm business system's client's records until the licensed entity verifies that the employee has not been convicted of a crime listed in Section 40-79-130 and documents in the employee's personnel file that the temporary administrative, monitoring, or customer service employee meets the registration requirements set forth in this chapter. These employees do not have to be registered with the department. Any administrative or customer service personnel working over thirty consecutive days must be registered in accordance with this chapter. (4) A licensee may temporarily employ in this State, without registering under this section, an alarm technician who is registered in another state for a period not to exceed ninety days in any given calendar year if the licensed entity verifies that the employee has not been convicted of a crime listed in Section 40-79-130 and documents in the employee's personnel file that the temporary alarm technician meets the registration requirements set forth in this chapter. This employee does not have to be registered with the department. A temporary alarm technician working over ninety days in a calendar year must be registered in accordance with this chapter. (5) Monitoring personnel for a licensed entity located within this State that are solely engaged in burglar alarm monitoring do not have to be registered with the department, if the licensed entity verifies that the employee has not been convicted of a crime listed in Section 40-79-130 and documents in the employee's personnel file that the employee meets the registration requirements set forth in this chapter.
S.C. Code Ann. § 40-60-500 — SC Code / Title 40 / Chapter 60 / Article 3 / Section 40-60-500
SECTION 40-60-500. Jurisdiction.
Status: in_force

The board has jurisdiction over the actions committed or omitted by current and former registrants as provided by Section 40-1-115. Editor's Note 2017 Act No. 32, SECTION 5, provides as follows: "SECTION 5. This act takes effect upon approval by the Governor. In the event that a registration process is unavailable upon the effective date of this act, an appraisal management company already conducting business in this State may continue to conduct business until one hundred twenty days after a registration process becomes available."
S.C. Code Ann. § 40-2-160 — SC Code / Title 40 / Chapter 2 / Article 1 / Section 40-2-160
SECTION 40-2-160. Appeal.
Status: in_force

A person aggrieved by a final action of the board may appeal the decision to the Administrative Law Court in accordance with the Administrative Procedures Act and the rules of the Administrative Law Court. Service of a petition requesting a review does not stay the board's decision pending completion of the appellate process. Effect of Amendment 2022 Act No. 174, SECTION 1, reenacted the section with no apparent change.
S.C. Code Ann. § 40-18-150 — SC Code / Title 40 / Chapter 18 / Section 40-18-150
SECTION 40-18-150. Violation of chapter; penalty.
Status: in_force

A person who violates a provision of this chapter is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned for not more than one year, or both.
S.C. Code Ann. § 40-56-130 — SC Code / Title 40 / Chapter 56 / Section 40-56-130
SECTION 40-56-130. License denial based on same grounds for discipline.
Status: in_force

The board may deny licensure to an applicant based on the same grounds for which the board may take disciplinary action against a licensee.
S.C. Code Ann. § 40-47-790 — SC Code / Title 40 / Chapter 47 / Article 6 / Section 40-47-790
SECTION 40-47-790. Licensee not to hold himself or herself out as authorized to practice medicine.
Status: in_force

No person licensed under this article may advertise or hold himself or herself out to the public as being authorized to practice medicine under this chapter.
S.C. Code Ann. § 40-11-540 — SC Code / Title 40 / Chapter 11 / Article 3 / Section 40-11-540
SECTION 40-11-540. Time for filing responses; inspection of defect and access to make repairs; time for reaching settlement.
Status: in_force

(A) The contractor, subcontractor, supplier, or design professional has sixty days from service of the initial notice of claim to inspect, offer to remedy, offer to settle with the claimant, or deny, in whole or in part, the claim regarding the defects. Within sixty days from the service of the initial notice of claim, the contractor, subcontractor, supplier, or design professional shall serve written notice on the claimant of the contractor's, supplier's, or design professional's election pursuant to this section. The claimant shall allow inspection of the construction defect at an agreeable time, during normal business hours, to any party, if requested pursuant to this section. The claimant shall give the contractor, subcontractor, supplier, or design professional reasonable access to the property for inspection and if repairs have been agreed to by the parties, reasonable access to effect repairs. Failure to respond within sixty days is considered a denial of the claim. (B) The claimant shall serve a response to the contractor's, subcontractor's, supplier's, or design professional's offer within ten days of receipt of the offer. (C) If the parties cannot agree to settle the dispute pursuant to this article within ninety days after service of the initial notice of claim on the contractor, subcontractor, supplier, or design professional, the claim is considered denied and the claimant may proceed with a civil action or other remedy provided by contract or by law. (D) An offer of settlement, repair, or remedy pursuant to this section is not admissible as evidence in any proceeding.
S.C. Code Ann. § 40-15-176 — SC Code / Title 40 / Chapter 15 / Article 1 / Section 40-15-176
SECTION 40-15-176. Restricted dental auxiliary instructor's licenses.
Status: in_force

(A) The State Board of Dentistry may issue a restricted dental auxiliary instructor's license to a dentist who: (1) holds a valid license in another state; (2) has not been refused a license or had a license revoked in this State, another state or territory of the United States, or the District of Columbia; (3) passes an examination on jurisprudence as prescribed by the board; and (4) is teaching dental medicine in South Carolina full-time at a Commission on Dental Accreditation (CODA) accredited dental auxiliary program at a technical college in this State. (B) A dentist with a restricted dental auxiliary instructor's license is authorized to practice at or on behalf of a CODA-accredited technical college. The holder of a restricted dental auxiliary instructor's license may practice general dentistry or in his or her area of specialty, but only in a clinic or office affiliated with a dental auxiliary program of a technical college. A restricted dental auxiliary instructor's license issued to a faculty member under this section terminates immediately and automatically, without any further action by the board, if the holder ceases to be a faculty member at a dental auxiliary program of a technical college. (C) A restricted dental auxiliary instructor's license must be renewed biennially in accordance with procedures and fees as established by the board in regulation. (D) A dentist holding a restricted dental auxiliary instructor's license issued pursuant to this section is subject to the provisions of this chapter and regulations promulgated pursuant to this chapter unless otherwise provided for in this section. The board may revoke a restricted dental auxiliary instructor's license for a violation of this chapter or regulations promulgated pursuant to this chapter or if the holder fails to supply the board, within ten days of its request, with information as to his or her current status and activities in the teaching program.
S.C. Code Ann. § 40-35-20 — SC Code / Title 40 / Chapter 35 / Section 40-35-20
SECTION 40-35-20. Definitions.
Status: in_force

As used in this chapter: (1) "Accredited college or university" means a college or university whose accreditation is recognized by the Council on Higher Education Accreditation and the United States Department of Education. (2) "Board" means the South Carolina Board of Long Term Health Care Administrators. (3) "Community residential care facility" or "CRCF" means a facility defined for licensing purposes under law or pursuant to regulations for community residential care facilities by the Department of Health and Environmental Control, whether proprietary or nonprofit. (4) "Community residential care facility administrator" or "CRCFA" means a person who has attained the required education and experience, is otherwise qualified, has been issued a license by the board, and is eligible to administer, manage, supervise, or be in administrative charge of a community residential care facility. (5) "Consumer" means a person who is or has been a resident of a nursing home or community residential care facility. (6) "Department" means the Department of Labor, Licensing and Regulation. (7) "Habilitation center for persons with intellectual disability or persons with related conditions" means a facility which is licensed by the Department of Health and Environmental Control and that serves four or more persons with intellectual disability or persons with related conditions and provides health or rehabilitative services on a regular basis to individuals whose mental and physical conditions require services including room, board, and active treatment for their intellectual disability or related conditions. (8) "Nursing home" means an institution or facility defined for licensing purposes under law or pursuant to regulations for nursing homes promulgated by the Department of Health and Environmental Control, whether proprietary or nonprofit including, but not limited to, nursing homes owned or administered by the State or a political subdivision of the State. The term does not include habilitation centers for persons with intellectual disability or persons with related conditions. (9) "Nursing home administrator" or "NHA" means a person who has attained the requisite education and experience, is otherwise qualified, and has been issued a license by the board and is eligible to administer, manage, supervise, or be in administrative charge of a nursing home. (10) "Practical experience in nursing home administration" means full-time employment, with a minimum of thirty-six hours each week, under the on-site supervision by a licensed nursing home administrator in a state-licensed nursing home. During the on-site supervision by a licensed NHA, the applicant is responsible and accountable for at least a six-month period in at least two of the following areas: (a) business and fiscal management; (b) a direct patient-care service such as nursing, physical therapy, occupational therapy, speech therapy, chaplaincy, social work, or activities; and (c) a supporting service such as dietary, maintenance, engineering, laundry, environmental services, or pharmacy. (11) "Qualified intellectual disability professional" means a person who, by training and experience, meets the requirements of applicable federal law and regulations for a qualified intellectual disability professional, as determined by the Department of Behavioral Health and Developmental Disabilities. (12) "Related health care administration" means the administration of a facility that provides direct nursing care on a twenty-four hour basis to persons who require health services because of illness, age, or chronic disability. Administration of a CRCF or an Independent Living Community is not considered related health care administration. (13) "Community residential care facility administrator work experience" means on-site work experience with supervisory and direct resident care responsibilities under the supervision of a licensed CRCFA in a licensed CRCF. (14) "Work experience in a health related field other than in a Community Residential Care Facility" means a satisfactory demonstration through the application for licensure that the applicant has sufficient knowledge of and experience with business and fiscal management responsibilities, coordinating patient care, and direct contact in a health care facility as determined by the board. (15) "Sponsor" means a person who is financially or legally responsible for an individual currently residing in a nursing home or residential care facility. 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. Pursuant to 2011 Act No. 47, SECTION 14(B), the Code Commissioner substituted "intellectual disability" for "mentally retarded" and "person with intellectual disability" or "persons with intellectual disability" for "mentally retarded". Editor's Note Prior Laws:1962 Code SECTION 56-1701; 1970 (56) 2085; 1986 Act No. 492, SECTION 1; 1990 Act No. 605, SECTION 1; 1993 Act No. 41, SECTION 3; 1997 Act No. 66, SECTION 1; 1976 Code SECTION 40-35-10. Effect of Amendment 2014 Act No. 271, SECTION 1, in paragraph (3), inserted "or 'CRCF'"; in paragraph (4), inserted "or 'CRCFA'"; in paragraph (9), inserted "or 'NHA'"; rewrote paragraph (10); rewrote paragraph (12); added paragraphs (13) and (14), definitions for "Community residential care facility administrator work experience" and "Work experience in a health related field other than in a Community Residential Care Facility"; and redesignated former paragraph (13) as (15).
S.C. Code Ann. § 40-15-212 — SC Code / Title 40 / Chapter 15 / Article 1 / Section 40-15-212
SECTION 40-15-212. Unlawful dentistry, dental hygiene, or dental technological work; aiding and abetting; penalties.
Status: in_force

A person who practices dentistry or dental hygiene or performs dental technological work, in violation of this chapter or who aids or abets a person in violating this chapter, upon conviction, must be fined not more than one thousand dollars or imprisoned for not more than two years, or both. Each day a violation occurs constitutes a separate offense.
S.C. Code Ann. § 40-68-100 — SC Code / Title 40 / Chapter 68 / Section 40-68-100
SECTION 40-68-100. Duty to issue license to qualified applicants; issuance within prescribed time; time license is valid; renewal.
Status: in_force

The department shall issue a license to an applicant that meets the requirements of this chapter. The license must be issued not later than the ninetieth day after the date on which the completed application is filed with the department. A license issued by the department under this chapter is valid for two years. The department shall renew a license on receipt of a renewal application approved by the department and payment of the required renewal fees.
S.C. Code Ann. § 40-8-35 — SC Code / Title 40 / Chapter 8 / Section 40-8-35
SECTION 40-8-35. Cemetery contract disclosure requirements.
Status: in_force

The cemetery contract must disclose to the consumer: (1) the type of outer burial container being purchased (a Category I, Protective Outer Burial Container, or a Category II, Nonprotective Outer Burial Container); (2) that the outer burial container either has a warranty or that it does not have a warranty; and (3) if the outer burial container purchased in advance of need is not available at the time of need, the cemetery shall make available to the purchaser or his representative an outer burial container of equal or greater value. The purchaser or his representative is entitled to approve any substitutions.
S.C. Code Ann. § 40-69-305 — SC Code / Title 40 / Chapter 69 / Article 1 / Section 40-69-305
SECTION 40-69-305. Animal drug prescription labels.
Status: in_force

(A) Dispensing a prescription drug to the owner of an end-user for the treatment of a bodily injury or disease of an animal is unlawful unless the prescription is: (1) labeled with all information required by state and federal law; and (2) prescribed by a veterinarian licensed under this chapter. (B) The South Carolina Board of Veterinary Medical Examiners shall regulate the dispensing of prescription drugs as pursuant to subsection (A) to animal owners.
S.C. Code Ann. § 40-47-755 — SC Code / Title 40 / Chapter 47 / Article 6 / Section 40-47-755
SECTION 40-47-755. Auricular detoxification therapy defined; supervision.
Status: in_force

Auricular detoxification therapy may take place under the direct supervision of a licensed acupuncturist or a person licensed to practice medicine under this chapter. A treatment by an auricular detoxification specialist is strictly limited to the five ear-point treatment protocol for detoxification, substance abuse, or chemical dependency as stipulated by NADA.
S.C. Code Ann. § 40-8-10 — SC Code / Title 40 / Chapter 8 / Section 40-8-10
SECTION 40-8-10. Short title.
Status: in_force

This chapter may be cited as the "South Carolina Perpetual Care Cemetery Act".
S.C. Code Ann. § 40-67-530 — SC Code / Title 40 / Chapter 67 / Article 3 / Section 40-67-530
SECTION 40-67-530. State participation in compact.
Status: in_force

(A) A license issued to an audiologist or speech-language pathologist by a home state to a resident in that state must be recognized by each member state as authorizing an audiologist or speech-language pathologist to practice audiology or speech-language pathology, under a privilege to practice, in each member state. (B) In addition to other requirements established by law and for the purpose of determining an applicant's eligibility for an initial compact privilege, the department shall require a national criminal records check, supported by fingerprints, by the Federal Bureau of Investigation. The results of this criminal records check must be reported to the department. The South Carolina Law Enforcement Division is authorized to retain the fingerprints for certification purposes and for notification of the department regarding criminal charges. Costs of conducting a criminal history background check must be borne by the applicant. The department shall keep information received pursuant to this section confidential, except that information relied upon in denying licensure may be disclosed as may be necessary to support the administrative action. The results of this criminal records check must not be shared outside the department. (C) Upon application for a privilege to practice, the licensing board in the issuing remote state shall ascertain, through the data system, whether the applicant has ever held, or is the holder of, a license issued by any other state, whether there are any encumbrances on any license or privilege to practice held by the applicant, whether any adverse action has been taken against any license or privilege to practice held by the applicant. (D) Each member state must require an applicant to obtain or retain a license in the home state and meet the home state's qualifications for licensure or renewal of licensure, as well as, all other applicable state laws. (E) An audiologist must: (1) meet one of the following educational requirements: (a) on or before December 31, 2007, graduate with a master's degree or doctorate in audiology, or equivalent degree regardless of degree name, from a program that is accredited by an accrediting agency recognized by the Council for Higher Education Accreditation, or its successor, or by the United States Department of Education and operated by a college or university accredited by a regional or national accrediting organization recognized by the board; (b) on or after January 1, 2008, graduate with a doctoral degree in audiology, or equivalent degree, regardless of degree name, from a program that is accredited by an accrediting agency recognized by the Council for Higher Education Accreditation or its successor, or by the United States Department of Education and operated by a college or university accredited by a regional or national accrediting organization recognized by the board; (c) graduate from an audiology program that is housed in an institution of higher education outside of the United States: (i) for which the program and institution have been approved by the authorized accrediting body in the applicable country and (ii) the degree program has been verified by an independent credentials review agency to be comparable to a state licensing board-approved program; (2) complete a supervised clinical practicum experience from an accredited educational institution or its cooperating programs as required by the commission; (3) pass a national examination approved by the commission; (4) hold an active, unencumbered license; (5) not have been convicted or found guilty, and has not entered into an agreed disposition, of a felony related to the practice of audiology, under applicable state or federal criminal law; and (6) have a valid United States Social Security or National Practitioner Identification number. (F) A speech-language pathologist must: (1) meet one of the following educational requirements: (a) graduate with a master's degree from a speech-language pathology program that is accredited by an organization recognized by the United States Department of Education and operated by a college or university accredited by a regional or national accrediting organization recognized by the board; or (b) graduate from a speech-language pathology program that is housed in an institution of higher education outside the United States: (i) for which the program and institution have been approved by the authorized accrediting body in the applicable country and (ii) the degree program has been verified by an independent credentials review agency to be comparable to a state licensing board-approved program; (2) complete a supervised clinical practicum experience from an accredited educational institution or its cooperating programs as required by the commission; (3) complete a supervised postgraduate professional experience as required by the commission; (4) pass a national examination approved by the commission; (5) hold an active, unencumbered license; (6) not have been convicted or found guilty, and has not entered into an agreed disposition, of a felony related to the practice of speech-language pathology, under applicable state or federal criminal law; and (7) have a valid United States Social Security or National Practitioner Identification number. (G) The privilege to practice is derived from the home state license. (H) An audiologist or speech-language pathologist practicing in a member state must comply with the state practice laws of the state in which the client is located at the time the service is provided. The practice of audiology and speech-language pathology includes all audiology and speech-language pathology practice as defined by the state practice laws of the member state in which the client is located. The practice of audiology and speech-language pathology in a member state under a privilege to practice subjects an audiologist or speech-language pathologist to the jurisdiction of the licensing board, the courts, and the laws of the member state in which the client is located at the time service is provided. (I) Individuals not residing in a member state may apply for a member state's single-state license as provided under the laws of each member state. However, the single-state license granted to these individuals is not recognized as granting the privilege to practice audiology or speech-language pathology in any other member state. Nothing in this compact shall affect the requirements established by a member state for the issuance of a single-state license. (J) Member states may charge a fee for granting a compact privilege. (K) Member states must comply with the bylaws and rules and regulations of the commission.
S.C. Code Ann. § 40-60-38 — SC Code / Title 40 / Chapter 60 / Article 1 / Section 40-60-38
SECTION 40-60-38. Adoption of and conformity to national standards of professional appraiser practice.
Status: in_force

The board shall adopt the standards and amendments to these standards of professional appraisal practice, as promulgated by the Appraisal Standards Board of the Appraisal Foundation. All apprentice appraisers and state licensed and certified appraisers shall conform their professional conduct to the National USPAP and its amendments, as promulgated by the Appraisal Standards Board. Editor's Note Prior Laws:1993 Act No. 143, SECTION 6; 1994 Act No. 385, SECTION 22; 2000 Act No. 335, SECTION 1; 1976 Code SECTIONS 40-60-145, 40-60-240. Effect of Amendment 2014 Act No. 180, SECTION 8, substituted "apprentice appraisers" for "appraiser apprentices".
S.C. Code Ann. § 40-82-170 — SC Code / Title 40 / Chapter 82 / Section 40-82-170
SECTION 40-82-170. Costs of investigation and prosecution.
Status: in_force

A person found in violation of this chapter or a regulation promulgated under this chapter may be required to pay costs associated with the investigation and prosecution of the case in accordance with Section 40-1-170.
S.C. Code Ann. § 40-56-230 — SC Code / Title 40 / Chapter 56 / Section 40-56-230
SECTION 40-56-230. Insurance.
Status: in_force

(A) An application for a retail fireworks sales license must be accompanied by evidence that the applicant holds a policy that: (1) provides public liability insurance coverage for retail sales activities at the location for the permitted sale period; (2) is issued by an insurance company authorized to do business in this State; and (3) provides coverage in the following minimum amounts: (a) one million dollars for injuries or damage to any one person in one accident or occurrence; (b) one million dollars for injuries to two or more persons in any accident or occurrence; and (c) one million dollars combined single-limit coverage for any one accident or occurrence. (B) A policy, except those policies issued for fewer than ninety days' use for seasonal permits, by its original term or an endorsement, must obligate the insurer to not cancel, suspend, or nonrenew the policy without thirty days' written notice of the proposed cancellation, suspension, or nonrenewal being given to the board. The insured immediately shall give notice to the board if liability insurance is canceled, suspended, or nonrenewed.
S.C. Code Ann. § 40-57-920 — SC Code / Title 40 / Chapter 57 / Article 9 / Section 40-57-920
SECTION 40-57-920. Approval of education providers and instructors.
Status: in_force

(A) All providers and instructors seeking approval by the commission must submit an application and applicable fee to the commission on prescribed forms. To attain approval, applicants must meet qualification requirements as provided in regulations. Approval from the commission must be attained prior to commencement of instruction. If the commission approves an application, a notification must be issued by the commission. (B) The commission may deny, reprimand, fine, suspend, or revoke the approval of an education provider or instructor if the commission finds violations of statutory or regulatory requirements. If an application for a provider, instructor, or course is not approved, the reason must be detailed and provided to the provider or instructor.
S.C. Code Ann. § 40-1-610 — SC Code / Title 40 / Chapter 1 / Article 3 / Section 40-1-610
SECTION 40-1-610. Continuing education exemption.
Status: in_force

A person whose profession or occupation is regulated by this title is exempt from completing continuing education requirements for his profession or occupation while serving on active military duty.
S.C. Code Ann. § 40-45-250 — SC Code / Title 40 / Chapter 45 / Article 1 / Section 40-45-250
SECTION 40-45-250. Time period licenses are valid; renewals, fees, and penalties; continuing education requirements; inactive status.
Status: in_force

(A) A license is valid for up to two years and must be renewed biennially. However, a physical therapist or a physical therapist assistant who first becomes licensed in the last quarter of the calendar year must be issued a license for the next licensing period. (B) Before January first in every other year, a licensed physical therapist and physical therapist assistant shall renew the license and pay the renewal fee, whether or not a notice is received. If a license is not renewed or postmarked before January first, the board may charge a late renewal penalty as provided for in regulation beginning January first, for up to thirty days, for every day that the license is not renewed or postmarked. (C) If a licensee fails to renew or postmark a renewal before January thirty-first the license automatically lapses. A person who fails to renew a license and practices as a physical therapist or physical therapist assistant after December thirty-first is practicing without a license and is subject to the penalties provided in this chapter. (D) As a condition of license renewal, a licensee must satisfactorily complete 3.0 continuing education units each biennium as provided for in regulation and must submit proof of completion on a form approved by the board. (E) Notwithstanding subsection (H)(1), if a person's license lapses because the person did not satisfy the continuing education requirements of subsection (D), the person must comply with subsection (D) before the board may renew the license. (F) A licensee who does not wish to renew an active license may select inactive status on the renewal form and return the form to the board. (G) A licensee shall notify the board of any change in name or mailing address within thirty days. If a name change on a license is requested, the licensee must submit legal documentation indicating the name change. (H) A physical therapist or physical therapist assistant whose license has lapsed or has been inactive for: (1) fewer than three years may reactivate the license by applying to the board, submitting proof of completing 1.5 continuing education units for each year the license has lapsed or has been inactive, and paying the reactivation fee; (2) three or more years is required to complete supervised clinical practice hours, additional education, and completion of an examination as provided in regulation; (3) fewer than three years and who has active status outside of this State may reinstate the license by submitting proof of completing 1.5 continuing education units for each year the license has lapsed, or has been inactive, official verification of a current license, and paying the reactivation fee; (4) three or more years and who has active status outside of this State may reinstate the license by submitting evidence satisfactory to the board of not less than one thousand hours of out-of-state employment within the last year, official verification of a current license, and paying the reactivation fee. Editor's Note Prior Laws:1962 Code SECTION 56-1349.1; 1952 (47) 1967; 1964 (53) 2388; 1971 (57) 405; 1981 Act No. 35, SECTION 2; 1982 Act No. 413, SECTION 16; 1976 Code SECTION 40-45-180.
S.C. Code Ann. § 40-45-260 — SC Code / Title 40 / Chapter 45 / Article 1 / Section 40-45-260
SECTION 40-45-260. Certificate of licensure; provisional licenses; restrictions; limit on attempts to pass licensure examination.
Status: in_force

(A) The board shall license as a physical therapist or a physical therapist assistant an applicant who proves to the satisfaction of the board fitness for licensure under the provisions of this chapter. The board shall issue to a licensee a certificate of licensure, which is prima facie evidence of the right of the person to represent himself or herself as a licensed physical therapist or as a licensed physical therapist assistant. (B) The board may issue a provisional license to: (1) an applicant for licensure as a physical therapist who has met all of the requirements for licensure under Section 40-45-230 except completing the clinical practice hours requirement pursuant to Section 40-45-220(A)(2)(d); (2) a person whose physical therapist or physical therapist assistant license has been inactive or lapsed for three years or more and who has applied to reactivate the license; (3) an applicant for licensure as a physical therapist or physical therapist assistant whose practice needs to be restricted, as determined by the board; (4) an applicant for licensure as a physical therapist or physical therapist assistant who has met all of the requirements for licensure under Section 40-45-230 except for completing the official transcript requirement pursuant to Section 40-45-230(B). A provisional license is valid for up to one year from the date of issue and may not be renewed. A physical therapist holding a provisional license issued pursuant to item (1), (2), or (3) must work under the on-site supervision of a physical therapist licensed in this State, and a physical therapist assistant holding a provisional license issued pursuant to items (1), (2), or (3) must work under the on-site supervision of a physical therapist or physical therapist assistant licensed in this State. A physical therapist and physical therapist assistant holding a provisional license issued pursuant to item (4) must work under the supervision of a physical therapist licensed in this State. A provisional licensee shall submit to the board a completed supervisory agreement form for each place of employment. (C) The board may require an applicant who is not actively engaged in practice as a physical therapist or as a physical therapist assistant to comply with one or more of the following: (1) complete a certain number of continuing education units; (2) have supervised practice as specified by the board; (3) pass a written examination approved by the board. (D) The board must not issue a physical therapist or physical therapist assistant license to an applicant who has failed to achieve a passing score six or more times on a board-approved licensure examination. Editor's Note Prior Laws:1962 Code SECTION 56-1348; 1952 (47) 1967; 1971 (57) 405; 1982 Act No. 413, SECTION 14; 1976 Code SECTION 40-45-140. Effect of Amendment 2019 Act No. 64, SECTION 2, in (D), substituted "six or more times" for "three or more times".
S.C. Code Ann. § 40-82-260 — SC Code / Title 40 / Chapter 82 / Section 40-82-260
SECTION 40-82-260. Dealer ascertainment of reseller's license.
Status: in_force

Before a dealer may sell liquefied petroleum gas to a person for resale to the public, the dealer shall ascertain that the person is licensed and certified by the board through the Office of the State Fire Marshal to resell the liquefied petroleum gas. A dealer wilfully violating this section is subject to penalties provided in this chapter.
S.C. Code Ann. § 40-11-420 — SC Code / Title 40 / Chapter 11 / Article 1 / Section 40-11-420
SECTION 40-11-420. Requirements for obtaining building permit; list of licensed contractors performing work on project.
Status: in_force

(A) Building permits, when required by law, must be obtained by the sole prime contractor in the name appearing on that entity's contractor's license. (B) When there is more than one prime contractor working with a construction manager, the building permit must be obtained by the construction manager in the name appearing on that entity's professional license, and the construction manager must list on the building permit application the names and license numbers of all known licensed contractors performing work on the project. The construction manager must also be identified as such on the permit application by name, license number, and type of license he holds. (C) If there is more than one prime contractor and no construction manager or if the owner is performing work pursuant to Section 40-11-360(A)(5),(6), or (7), the owner must obtain the building permit and must list on the building permit application the name and license number of all licensed contractors performing work on the project.
S.C. Code Ann. § 40-1-180 — SC Code / Title 40 / Chapter 1 / Article 1 / Section 40-1-180
SECTION 40-1-180. Failure to pay costs or fines; remittance of funds collected.
Status: in_force

(A) All costs and fines imposed pursuant to this article and the respective boards' licensing acts are due and payable immediately upon imposition or at the time indicated by final order of the board. Unless the costs and fines are paid within sixty days after the order becomes final, the order becomes a judgment and may be filed and executed upon in the same manner as a judgment in the court of common pleas, and the board may collect costs and attorneys' fees incurred in executing the judgment. Interest at the legal rate accrues on the amount due from the date imposed until the date paid. (B) All fines and costs collected under this section must be remitted by the department to the State Treasurer and deposited in a special fund established for the department to defray the administrative costs associated with investigations and hearings under this article.
S.C. Code Ann. § 40-30-30 — SC Code / Title 40 / Chapter 30 / Section 40-30-30
SECTION 40-30-30. Definitions.
Status: in_force

As used in this chapter: (1) "Approved massage therapy education program" means a supervised educational program in a school approved by the Commission on Higher Education. The program must meet minimum qualifications, including course content as approved by the board in regulation. (2) "Approved massage therapy school" means a facility that offers an educational program that meets minimum requirements for training and curriculum as determined by the board pursuant to this chapter and related regulations. (3) "Board" means the South Carolina Massage Therapy Board under the administration of the department. (4) "Client" means a person who receives massage therapy from a licensed massage therapist in exchange for compensation. (5) "Client-therapist relationship" means a relationship between a licensed massage therapist and a client in which the licensed massage therapist owes a continuing duty to the client to render massage therapy services consistent with the licensed massage therapist's training, experience, and scope of practice. (6) "Currently enrolled student" means a student who is enrolled and actively participating in an approved massage therapy school or an approved massage therapy education program. (7) "Department" means the Department of Labor, Licensing and Regulation. (8) "Director" means the Director of the Department of Labor, Licensing and Regulation. (9) "Entity" means a sole proprietorship, partnership, limited liability partnership, limited liability company, or other business entity or association as approved by the board. (10) "Hydrotherapy" means the use of water, vapor, or ice for treatment of superficial tissues. (11) "Licensed massage therapy supervisor" means a licensed massage therapist who has been in good standing for at least two years and who supervises a currently enrolled student. The licensed massage therapy supervisor shall be on premises observing the student and shall be available to the student for consultation and instruction. (12) "Licensure" means the procedure by which an individual applies to the department and is granted approval to practice massage therapy, or the procedure by which an establishment applies to the department and is granted approval to operate as a massage therapy establishment or a sole practitioner establishment. (13) "Massage device" means a mechanical device that mimics or enhances the action of the hands by means of vibration. (14) "Massage therapist" means an individual licensed as required by this chapter, who administers massage therapy for compensation. (15) "Massage therapy" means the application of a system of structured touch to the soft tissues of the human body with the hand, foot, knee, arm, or elbow, whether or not the structured touch is aided by hydrotherapy, thermal therapy, a massage therapy device, or application to the human body of an herbal preparation. Massage therapy includes, but is not limited to, bodywork modalities as approved by the board. (16) "Massage therapy establishment" means an entity with a physical site or premise, licensed as required by this chapter, in which licensed massage therapists are employees or contractors practicing massage therapy on clients. (17) "Sole practitioner establishment" means a licensed massage therapist who is licensed pursuant to this chapter, who is not an employee or contractor of the sole practitioner establishment, and who provides massage therapy to clients at a specific location including, but not limited to, a rental space, home office space, or outcall or onsite space. (18) "Thermal therapy" means the use of ice or a heat lamp or moist heat on superficial tissues. Effect of Amendment The 2013 amendment deleted former subsections (1) and (5), definitions for "Advisory Panel" and "Disciplinary panel", added subsection (9), definition of "Panel", redesignated the subsections accordingly, and made other nonsubstantive changes. 2022 Act No. 151, SECTION 2, rewrote the section.
S.C. Code Ann. § 40-59-25 — SC Code / Title 40 / Chapter 59 / Article 1 / Section 40-59-25
SECTION 40-59-25. Roofing contract cancellation for insurance coverage denial.
Status: in_force

(A)(1) A person who enters into a written contract for goods or services related to a roofing system with a party who will be paid from proceeds of a property and casualty insurance policy and who subsequently receives written notice from the insurer that all or part of the claim or contract is not a covered loss under the policy may cancel the contract prior to midnight on the fifth business day after the insured has received the written notice of the denial of coverage. (2) This section applies to the following persons performing goods or services related to a roofing system: (a) a licensed residential builder; (b) a registered residential specialty contractor; and (c) a person or firm who engages or offers to engage in the business of residential building or residential specialty contracting without first having registered with the commission or procured a license from the commission. (3) Cancellation must be evidenced by the insured giving written notice of cancellation to the builder or contractor at the address provided in the contract. Notice of cancellation, if given by mail, must be effective upon deposit into the United States mail, postage prepaid and properly addressed to the builder or contractor. Notice of cancellation need not take a particular form and shall be sufficient if it indicates, by any form of written expression, the intention of the insured not to be bound by the contract. (4) For purposes of this subsection, "roof system" means a roof covering, roof sheathing, roof weatherproofing, roof framing, roof ventilation system, or insulation. (B) Before entering a contract as provided in subsection (A), the builder or contractor shall: (1) provide the insured a statement in boldface type of a minimum size of ten points, in substantially the following form: "You may cancel this contract at any time before midnight on the fifth business day after you have received written notification from your insurer that all or any part of this claim or contract is not a covered loss under the insurance policy. This right to cancel is in addition to any other rights of cancellation which may be found in state or federal law or regulation. See attached notice of cancellation form for an explanation of this right"; and (2) provide each insured a fully completed form, in duplicate, prominently captioned "NOTICE OF CANCELLATION", which must be attached to the contract but easily detachable, and which must contain in boldface type of a minimum size of ten points the following statement: "NOTICE OF CANCELLATION If you are notified by your insurer that all or any part of the claim or contract is not a covered loss under the insurance policy, you may cancel the contract by mailing or delivering a signed and dated copy of this cancellation notice or any other written notice to (insert name of contractor) at (insert address of contractor's place of business) any time prior to midnight on the fifth business day after you have received such notices from your insurer. I HEREBY CANCEL THIS TRANSACTION _____________________________________ DATE _____________________________________ SIGNATURE OF INSURED" (C) In circumstances in which payment may be made from the proceeds of a property and casualty insurance policy, a builder or contractor shall not require any payments from an insured until the five-day cancellation period has expired. If, however, the builder or contractor has performed any emergency services, acknowledged by the insured in writing to be necessary to prevent damage to the premises, the builder or contractor must be entitled to collect the amount due for the emergency services at the time they are rendered. A provision in a contract as provided in subsection (A) that requires payment of any fee for anything except emergency services must not be enforceable against an insured who has canceled a contract under this section. (D)(1) A builder or contractor shall not represent or negotiate, or offer or advertise to represent or negotiate, on behalf of an owner or possessor of residential real estate on any insurance claim in connection with the repair or replacement of roof systems. (2) Notwithstanding item (1), or any other provision of state law, an owner is not prevented from consulting with a builder, contractor, or other person of his choice to provide an evaluation of the condition of his roof system and using the evaluation he receives in the negotiation for the repair or replacement of his roof system. (E)(1) A builder or contractor shall not advertise or promise to pay or rebate all or any portion of any insurance deductible as an inducement to the sale of goods or services. (2) A person who violates a provision of this subsection is guilty of a misdemeanor. The violation is grounds for suspension or revocation of licenses issued pursuant to this chapter. (3) As used in this subsection, the term "promise to pay or rebate" means: (a) granting any allowance or offering any discount against the fees to be charged, including, but not limited to, an allowance or discount in return for displaying a sign or other advertisement at the insured's premises; or (b) paying the insured or any person directly or indirectly associated with the property any form of compensation, gift, prize, bonus, coupon, credit, referral fee, or other item of monetary value for any reason.
S.C. Code Ann. § 40-22-210 — SC Code / Title 40 / Chapter 22 / Section 40-22-210
SECTION 40-22-210. Injunctions; rule to show cause.
Status: in_force

To enforce this chapter or to restrain a violation of this chapter, the department, on behalf of the board, may petition an administrative law judge for an injunction in the name of the State as provided generally in civil cases. In these proceedings: (1) It is not necessary to establish the absence of an adequate remedy of law. (2) Board members are not personally liable for damages resulting from a wrongful injunction. (3) The initial order of injunction must include a rule to show cause and is temporary pending the return to the rule.
S.C. Code Ann. § 40-8-130 — SC Code / Title 40 / Chapter 8 / Section 40-8-130
SECTION 40-8-130. Mausoleum and below ground crypt construction deadlines; burial vault placement; coastal and lowland exception.
Status: in_force

(A)(1) A cemetery company is required to start construction of that section of a mausoleum or bank of belowground crypts in which sales, contracts for sale, reservations for sales, or agreements for sales are being made within thirty-six months after the date of the first sale or refund the money. The construction of the mausoleum section or bank of belowground crypts must be completed within sixty months after the date of the first sale. Extensions for completion, not to exceed one year, may be granted by the board for good reasons shown. (2) After construction has begun on the mausoleum section or bank of belowground crypts, the cemetery company shall certify the progress and expenditures and is entitled to withdraw funds from the mausoleum account to meet construction expenditures. (3) If the mausoleum section or bank of belowground crypts is not completed within the time limits set out in this section, the board shall contract for and cause the project to be completed and paid for from the funds deposited to the project and the cemetery company must be liable for any shortage. (4) In lieu of the payments to the mausoleum account the cemetery company may deliver to the board a performance bond in an amount and by surety companies acceptable to the board. (B)(1) Burial vaults must be at least ten inches below the earth's surface. As used in this section, "burial vaults" includes caskets, grave liners, or other outer burial containers. It does not include markers, monuments, or crypts constructed in a mausoleum or columbarium. (2) This section does not apply to cemeteries located in the coastal and lowland areas which are subject to tidal or surface flooding or have a high-level water table, except that where the water table is two feet or less from the surface, cemeteries not subject to tidal or surface flooding may place vaults level with the ground.
S.C. Code Ann. § 40-2-275 — SC Code / Title 40 / Chapter 2 / Article 1 / Section 40-2-275
SECTION 40-2-275. "Retired" status.
Status: in_force

(A) A licensee may apply to the board for permission to place the word "Retired" adjacent to his "Certified Public Accountant" title on any document or device on which the "Certified Public Accountant" title appears if he has: (1) attained at least thirty years of combined experience as a licensee in this State or in a substantially equivalent state; (2) reached at least fifty-five years of age during a prior license year; (3) works no more than an average of twenty hours per week; and (4) does not offer attest services pursuant to Section 40-2-20(2) or compilation services pursuant to Section 40-2-20(6). (B) A licensee with "Retired" status pursuant to subsection (A) may meet the continuing professional education requirement for renewal in Section 40-2-250(C) by documenting the completion of one-half the required hours during the immediately preceding calendar year, provided that he includes no more than one-half of the required hours with the carryover of excess hours provided through board regulation. (C) All other requirements for the renewal of a license with "Retired" status remain the same as in Section 40-2-250. (D) Nothing in this section is intended to prevent a licensee with "Retired" status from providing prepared financial statements or income tax returns.
S.C. Code Ann. § 40-57-135 — SC Code / Title 40 / Chapter 57 / Article 1 / Section 40-57-135
SECTION 40-57-135. Duties of broker-in-charge and property manager-in-charge; supervised licensees; office locations; policies and recordkeeping; management agreements; unlicensed employees.
Status: in_force

(A) A broker-in-charge or property manager-in-charge shall: (1) adequately supervise employees or supervised licensees to ensure their compliance with this chapter; (2) review and approve all forms of listing agreements, agency agreements, offers, sale contracts, purchase contracts, leases, options, contract addenda, or other contractual or disclosure documents routinely used by the real estate brokerage firm; (3) maintain adequate, reasonable, and regular contact with supervised licensees engaged in real estate transactions so as to prevent or curtail practices by a licensee which would violate any provision of this chapter, Chapter 1, Title 40, the Interstate Land Sales Practices Act, or the Vacation Time Sharing Plans Act; (4) be available to the public during business hours in order to discuss or resolve complaints and disputes that arise during the course of real estate transactions in which the broker-in-charge or property manager-in-charge or a supervised licensee is involved; (5) establish and maintain a written office policy in accordance with Sections 40-57-135(I)(2)(a) and 40-57-360 and any requirements promulgated in regulations and make that policy readily accessible to supervised licensees; (6) ensure that all supervised licensees have an active real estate license; (7) establish and maintain control of and responsibility for an active trust account when in possession of trust funds belonging to others resulting from a real estate transaction; and (8) notify the commission by mail within ten days of any change of office name, address, email address, or telephone number. (B) A supervised licensee may not receive compensation from an activity requiring a real estate license from an entity or person other than the one for which the license is issued. A supervised licensee may form a business entity allowing the licensee's broker-in-charge or property manager-in-charge to pay fees or commissions to that entity if the principals in that entity hold an active real estate license. (C)(1) A licensed broker-in-charge or property manager-in-charge shall establish and maintain a specific office location which must be accessible by the public, investigators, and inspectors during reasonable business hours. (2) A broker-in-charge or property manager-in-charge may maintain one or more offices at different locations. Each office must be managed by a broker-in-charge or property manager-in-charge who is licensed for that real estate brokerage firm's location. The same person may request to be licensed as broker-in-charge or property manager-in-charge of more than one office if the broker-in-charge or property manager-in-charge making the request acknowledges in writing that the applicant understands the duties and can fully assume the responsibility to ensure compliance with this chapter. (3) A licensee may not conduct real estate business under another name or at an address other than the one for which his license is issued. Alternative names may be utilized following confirmation of registration of the name with the commission. (4) In the event of the medical incapacitation of a broker-in-charge or property manager-in-charge which precludes him from carrying out the duties of a broker-in-charge or property manager-in-charge as required in this chapter, or in the event of the death of a broker-in-charge or a property manager-in-charge, the department may permit a supervised licensee to act as broker-in-charge or property manager-in-charge for up to six months. (D)(1) A broker-in-charge or property manager-in-charge shall for a minimum of five years maintain and furnish to the commission upon request a written copy, when applicable, of a: (a) lease; (b) contract of sale and any addenda; (c) listing contract or buyer agency agreement; (d) transaction broker agreement; (e) option contract; (f) property management agreement; and (g) residential property disclosure form. (2) These records may be maintained electronically as long as a backup copy is stored in a separate, off-site location including, but not limited to, electronic and Internet, cloud-based storage systems. (E)(1) A licensee may not advertise, market, or offer to conduct a real estate transaction involving real estate owned, in whole or in part, by another person without first obtaining a written listing agreement between the property owner and the real estate brokerage firm with whom the licensee is associated. However, the signature of the owner of real estate is not required for a sublease agreement involving real estate if the lease allows for subletting. Licensees not associated with the listing brokerage firm may advertise real estate owned, in whole or in part, by another person only if they have written authorization from the listing brokerage firm and acknowledge the listing brokerage firm in the advertisement in a clear and conspicuous way. Authorization may be contained and obtained from the owner through the listing agreement. The advertising and marketing of real property is to be distinguished from the advertising and marketing of a contractual position in a sales agreement to purchase real estate. An advertisement that markets a contractual position to acquire real property from a person with either equitable or legal title and does not imply, suggest, or purport to sell, advertise, or market the underlying real property is permissible under this section. (2) When advertising his real estate services or marketing real estate owned, in whole or in part, by another person in any medium, a licensee clearly must: (a) Identify the full name of the real estate brokerage firm with which the licensee is employed and supervised in accordance with regulations. (b) If advertising on the Internet or in another electronic media, the above requirements may be met by including a link from the advertisement to the homepage of the brokerage firm or property management company. (3) If a real estate brokerage firm operates under a trade or franchise name, the identity of the franchisee or holder of the trade name clearly must be revealed. (F)(1) A licensee clearly shall reveal his license status in a personal transaction involving the purchase, sale, exchange, rental, lease, or auction of real estate: (a) at first substantive contact with a consumer; (b) in advertising or marketing in any media; and (c) in bold, underlined, capital letters on the first page of a contract for the purchase, sale, exchange, rental, or lease of real property. (2) Trust funds received in a licensee's personal rental or transaction must be deposited in the licensee's personal trust account and may not be deposited in the real estate brokerage firm's trust account unless the real property is managed, listed, or owned by the real estate brokerage firm. (G) No licensee, either directly or indirectly, may buy for his own account or for a corporation or another business in which he holds an interest or for a close relative, real estate listed with him or real estate for which he has been approached by the seller or prospective buyer to act as agent, without first making his true position clearly known in writing to all parties involved. Upon request of the department, the licensee shall provide evidence of having made this disclosure. (H) With regard to offers to purchase real estate, a licensee shall: (1) upon receipt, prepare all offers in writing and promptly present them to the seller; (2) upon obtaining a written acceptance of an offer, promptly deliver true, executed copies to all parties; (3) ensure that all of the terms and conditions of the transaction are included in the offer to purchase; and (4) ensure that changes or modifications made during negotiations are in writing and initialed and dated by both parties before proceeding with the transaction. (I)(1) A licensee shall properly complete an agency agreement, transaction broker agreement, offer, and counteroffer. (2) A listing or buyer's representation agreement must be in writing and must set forth all material terms of the parties' agency relationship including, but not limited to: (a) a description of the agent's duties or services to be performed for the client including, but not limited to, an explanation of the office policy regarding dual agency, designated agency, and transaction brokerage if offered by the real estate brokerage firm; (b) the amount of compensation to be paid if a flat fee or the method to be used in calculating the amount of compensation to be paid; (c) an explanation of how and when compensation is earned; (d) an explanation of how compensation will be divided among participating or cooperating brokers, if applicable; (e) the amount of retainer fees, deposits, or any other money collected before the agent's performance of a service on behalf of the client and an explanation of conditions, if any, in which such monies are refundable or payable to or on behalf of the client; (f) the duration of the agency relationship, setting forth specific dates for the beginning and ending of the relationship; (g) the signatures of all parties; (h) a listing agreement or buyer's representation agreement clearly must state that it terminates on the definite expiration date unless a written extension is signed; (i) a listing agreement or buyer's representation agreement clearly must state, if applicable, that it is either an "exclusive agency" listing or buyer's representation agreement or "exclusive right to represent" listing contract or "exclusive right to represent" buyer's representation contract; (j) a listing agreement or buyer's representation agreement must clearly specify an exception or variation in an amount of commission to be paid and circumstances that would apply; (k) a copy of the listing or buyer's representation agreement must be given to the seller or buyer at the time of, or directly following, signing; and (l) a buyer's representation agreement must provide an adequate property description of the type of property of interest to the buyer and a price or price range for property of interest to the buyer. A listing agreement must have a legal description of the listed property or a description sufficient to identify the listed property and state the price of the listed property. (3) If there are no clients involved in the transaction, a real estate brokerage firm acting as a transaction broker shall complete a compensation agreement to be signed by the agent and the compensating party. This agreement must contain the amount of the compensation and identify the party responsible for payment. (4) The broker-in-charge shall ensure that supervised licensees prepare all offers and counteroffers in writing, have them dated and signed by the offerors, and promptly present them to the offerees or the offerees' representative and ensure that: (a) changes or modifications made during negotiations are in writing and initialed and dated by both parties before proceeding with the transaction; (b) all of the terms and conditions of the transaction are included in the offer to purchase; and (c) if supervised licensees obtain a written acceptance of an offer or counteroffer, true, executed copies will be promptly delivered to all parties. (5) If an offer is rejected without counter, an offer rejection form, promulgated by the commission, signed by the licensee affirming presentation of the offer must be provided to the offeror by the licensee within forty-eight hours of rejection, whether the agent of the buyer, the seller, or if acting as a transaction broker. (6) An offer and counteroffer may be communicated by use of a fax or other secure electronic means including, but not limited to, the Internet, and the signatures, initials, and handwritten or typewritten modifications to the foregoing documents are considered valid and binding upon the parties as if the original signatures, initials, and handwritten, or typewritten modifications were present on the documents in the handwriting of each party. (7) If a licensee wishes to purchase real estate listed with his brokerage firm, the broker-in-charge shall ensure that the licensee shall first make his true position clearly known in writing to all parties involved. Upon request of the commission, the broker-in-charge shall provide evidence of the licensee having made this disclosure, including: (a) purchases made directly or indirectly by the licensee; (b) purchases made for the licensee's own account or for a corporation or another business in which the licensee holds an interest or purchases made for a close relative; and (c) real estate for which the licensee has been approached by the seller or prospective buyer to act as agent. (8) In order for a real estate brokerage firm to claim a fee for the sale of a listed property to a supervised licensee, a separate written agreement signed by the seller client must acknowledge the purchaser as a licensee affiliated with the real estate brokerage firm and recognize the right of the seller to not pay the brokerage fee. (9) An agreement regarding residential real estate that is to be in effect for greater than one year and either expressly or impliedly purports to do any of the following is unenforceable and is considered to be done in bad faith, and a licensee involved in such an agreement is subject to disciplinary action by the commission: (a) the agreement runs with the land or binds future owners or heirs of the residential real estate; (b) the agreement allows for assignment of the right to provide service without notice to and consent of the owner of residential real estate; or (c) the agreement creates a lien, encumbrance, or other real property security interest, or is otherwise recorded. (10) The following are not prohibited by subsection (9) and remain enforceable: (a) a home warranty or other type of similar product that covers the cost of maintenance of a major housing system, such as plumbing or electrical wiring, for a fixed period; (b) an insurance contract; (c) an option or right of refusal to purchase the residential real estate; (d) a declaration created in the formation of a homeowners association or similar organization; (e) a maintenance or repair agreement entered by a homeowners association or similar organization; (f) a mortgage loan or a commitment to make or receive a mortgage loan; (g) a security agreement under the Uniform Commercial Code relating to the sale or rental of personal property or fixtures; or (h) water, sewer, electrical, telephone, cable, or other regulated utility service providers. (J) A real estate brokerage firm shall manage residential and commercial real estate under a written management agreement that shall set forth, at a minimum: (1) the names and signatures of authorized parties to the agreement; (2) the property identification; (3) the method of compensation to the licensee; (4) that a management agreement may not contain an automatic renewal clause or provision unless the management agreement also contains a clause or provision that allows either party to cancel the management agreement for any cause or no cause with thirty days' notice after the original definite expiration date; (5) compensation for a future lease renewal by tenants, and if included, the contract must contain a clause in underlined capital letters on the first page providing for such future compensation; and (6) terms and conditions of tenant rental or lease arrangements. However, a management agreement may not contain a provision binding the property under a future listing agreement if the property is to be sold in the future, in which case a separate listing agreement is required. (K) For all types of real estate transactions, including leases and sales, an unlicensed employee of the owner or an unlicensed individual working under the supervision of a broker-in-charge or a property manager-in-charge may not: (1) discuss, negotiate, or explain a contract, listing agreement, buyer agency agreement, lease, agreement, property management agreement, or other real estate document; (2) vary or deviate from the rental price or other terms and conditions previously established by the owner or licensee when supplying relevant information concerning the rental of property; (3) approve applications or leases or settle or arrange the terms and conditions of a lease; (4) indicate to the public that the unlicensed individual is in a position of authority which has the managerial responsibility of the rental property; (5) conduct or host an open house or manage an on-site sales or leasing office; (6) show real property for sale other than vacant units in a multifamily building; (7) answer questions regarding company listings, title, financing, and closing issues, except for information that is otherwise publicly available; (8) be paid solely on the basis of real estate activity including, but not limited to, a percentage of commission or an amount based on the listing or sales compensation or commission; (9) negotiate or agree to compensation or commission including, but not limited to, commission splits, management fees, or referral fees on behalf of a licensee; or (10) engage in an activity requiring a real estate license as required and defined by this chapter. (L) A licensee is not required to maintain records of communications that are not designated to be retained or to create a permanent record such as text messages, instant messaging system-formatted messages, voicemail, voice recordings, or social media posts. Editor's Note 2024 Act No. 204, SECTION 5, provides as follows: "SECTION 5. Section 40-57-135(E)(2) takes effect twelve months after the date of ratification of the act. Section 40-57-360 takes effect thirty-six months after the date of ratification of the act." Effect of Amendment 2016 Act No. 170, SECTION 1, rewrote the section. 2024 Act No. 204, SECTION 3, rewrote the section.
S.C. Code Ann. § 40-26-60 — SC Code / Title 40 / Chapter 26 / Section 40-26-60
SECTION 40-26-60. Inspectors to determine applicable building code provisions.
Status: in_force

When an inspection report includes a deficiency that is alleged to be a building codes violation, the inspector is responsible for determining the construction dates and building codes in effect at the time of construction and must conduct the inspection using the building codes in effect at the time of construction.
S.C. Code Ann. § 40-15-250 — SC Code / Title 40 / Chapter 15 / Article 1 / Section 40-15-250
SECTION 40-15-250. Examinations for licensing as specialists.
Status: in_force

Examinations for licensing as specialists are held annually or as the board may determine. The examinations must be theoretical and practical. The theoretical examinations shall include subjects represented in that recognized special area of dentistry in which the applicant desires to specialize. The examination must be given either orally or in writing, or by requiring a practical demonstration of the applicant's skill, or by any combination of the methods as the board may require. The fee for the examinations and special license is prescribed in the regulations of the board. Any applicant who fails to pass the examination may apply for a subsequent examination, in which case he shall pay to the secretary a fee prescribed in the regulations of the board for each subsequent examination. A diplomate of a national certifying board recognized by the American Dental Association may be granted a specialty license without examination by the board after satisfactory completion of the application and submission of fees applicable to other applicants. A dentist now holding a valid South Carolina specialty license is not required to be reexamined for that specialty license after April 13, 1968.
S.C. Code Ann. § 40-31-10 — SC Code / Title 40 / Chapter 31 / Section 40-31-10
SECTION 40-31-10. Practice unlawful.
Status: in_force

It shall be unlawful for any person whether heretofore licensed or not under the laws of this or any other State to practice naturopathy in this State.
S.C. Code Ann. § 40-25-30 — SC Code / Title 40 / Chapter 25 / Section 40-25-30
SECTION 40-25-30. Powers and duties of Department of Health and Environmental Control.
Status: in_force

The powers and duties of the department are to: (1) authorize disbursements necessary to carry out this chapter; (2) supervise issuance of licenses "by experience" and administer qualifying examinations to test the knowledge and proficiency of applicants licensed by examination; (3) register persons who apply to the department and are qualified to engage in the practice of specializing in hearing aids; (4) purchase and maintain or rent audiometric equipment and other facilities necessary to carry out the examination of applicants; (5) issue and renew licenses; (6) suspend or revoke licenses or require that refunds be made; (7) designate the time and place for examining applicants; (8) enforce this chapter; (9) promulgate and publish regulations not inconsistent with the laws of this State and necessary to carry out this chapter, including the establishment of licensing fees; (10) appoint or employ subordinate employees; (11) retain funds received for administration of the program; (12) require the periodic inspection of audiometric testing equipment and carry out the periodic inspection of facilities of persons who engage in the practice of specializing in hearing aids. (13) appoint members of the commission and other individuals who are not audiologists to conduct and supervise the written and practical examinations;
S.C. Code Ann. § 40-65-220 — SC Code / Title 40 / Chapter 65 / Section 40-65-220
SECTION 40-65-220. Severability.
Status: in_force

If a provision of this chapter or the application of a provision of this chapter to a person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this statute which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable. SECTIONS 40-65-230, 40-65-240. Omitted by 2010 Act No. 249, SECTION 2.A, eff June 11, 2010. Editor's Note Former SECTION 40-65-230 was entitled "Practice limited to registered persons" and was derived from 1962 Code SECTION 56-1546.53; 1974 (58) 2828; 1993 Act No. 181, SECTION 946. Former SECTION 40-65-240 was entitled "Exemptions" and was derived from 1962 Code SECTION 56-1546.54; 1974 (58) 2828; 1989 Act No. 99, SECTION 4; 1993 Act No. 181, SECTION 946.
S.C. Code Ann. § 40-59-5 — SC Code / Title 40 / Chapter 59 / Article 1 / Section 40-59-5
SECTION 40-59-5. Application of Chapter 1; conflicts.
Status: in_force

Unless otherwise provided for in this chapter, Article 1, Chapter 1 of Title 40 applies to any entities or individuals regulated by the Department of Labor, Licensing and Regulation. If there is a conflict between this chapter and Article 1, Chapter 1 of Title 40, the provisions of this chapter control.
S.C. Code Ann. § 40-63-140 — SC Code / Title 40 / Chapter 63 / Article 1 / Section 40-63-140
SECTION 40-63-140. Prior criminal record.
Status: in_force

As provided for in Section 40-1-140, a license may not be denied based solely on a person's prior criminal record.
S.C. Code Ann. § 40-23-280 — SC Code / Title 40 / Chapter 23 / Section 40-23-280
SECTION 40-23-280. Requirements, proof, and initiation of claim on bond.
Status: in_force

(A) If an applicant is required to provide proof of a bond in order to receive a license pursuant to this chapter, the bond must: (1) be payable for losses because of defective construction or performance by the bond principal or the principal's agents operating in the course and scope of the principal's agency; and (2) be cancelable only upon thirty days' written notice to the board; and (3) provide that cancellation does not affect any liability on the bond that accrued before cancellation; and (4) be subject to claims as authorized by subsection (B); and (5) be approved by the board as to form, execution, and sufficiency of the surety. (B) If proof of a bond is required for licensure by this chapter, the requirement may be satisfied by proof that: (1) the applicant maintains a current bond in his own name that is in compliance with the requirements of subsection (A); (2) the applicant is a bona fide employee of a corporation that maintains a current bond in the corporate name that is in compliance with the requirements of subsection (A); or (3) the applicant is a bona fide employee of a licensed well driller who maintains a current bond in the employer licensee's name that is in compliance with the requirements of subsection (A). (C) After a hearing the board may initiate claims on the bond of any licensee for the cost of remediation or abatement of deficiencies or losses found to be the responsibility of the licensee. Claims are limited to actual damages and may not include attorney's fees or consequential or punitive damages. Claims may also be initiated upon the bond by the Department of Health and Environmental Control for remediation of deficiencies or losses determined, in accordance with that agency's procedures, to be the responsibility of a licensee. Editor's Note Prior Laws:2000 Act No. 322, SECTION 6; 2000 Act No. 325, SECTION 5.
S.C. Code Ann. § 40-23-270 — SC Code / Title 40 / Chapter 23 / Section 40-23-270
SECTION 40-23-270. Exceptions from application of chapter.
Status: in_force

This chapter does not apply to: (1) salaried employees performing duties for which they were trained and hired solely within a federal or state governmental agency; (2) persons constructing, opening, or closing wells on their own property; (3) persons constructing, opening, or closing exploration borings; (4) persons licensed as contractors pursuant to Chapter 11 who drill a borehole for measuring groundwater levels, blasting, or short term dewatering for construction purposes.
S.C. Code Ann. § 40-11-110 — SC Code / Title 40 / Chapter 11 / Article 1 / Section 40-11-110
SECTION 40-11-110. Disciplinary action; conditions for imposing; civil penalties; reapplication after revocation or cancellation; completion of work in progress; revocation of individual license classification.
Status: in_force

(A) The board may impose disciplinary action authorized by this chapter upon a licensee, certificate holder, or other entity or individual if the board finds any of these conditions: (1) subsequent discovery of facts which if known at the time of issuance or renewal of a license or certificate would have been grounds to deny the issuance or renewal of a license or certificate; (2) gross negligence, performing substandard work, incompetence, or misconduct; (3) abandonment of a contract or refusal to perform after submitting a bid on work without legal excuse for the abandonment or refusal; (4) fraud or deceit in obtaining a license or certification; (5) violation of a provision of this chapter, Article 1, Chapter 1 of this title or a regulation promulgated under these chapters; (6) misrepresentation of a material fact by an applicant in obtaining a license or certificate; (7) conviction or entering a guilty plea or plea of nolo contendere in a court of competent jurisdiction of this or any other state, district, or territory of the United States or of a foreign country of the offense of forgery, embezzlement, obtaining money under false pretenses, theft, extortion, or conspiracy to defraud or other like offense regardless of whether an appeal has been sought; (8) conviction or entering a guilty plea or plea of nolo contendere of a felony or a crime involving moral turpitude in connection with the performance of a contract for construction regardless of whether an appeal has been sought; (9) aiding or abetting an unlicensed entity to evade the provisions of this chapter, combining or conspiring with an unlicensed entity, allowing one's license to be used by an unlicensed entity, or acting as agent, partner, or associate, or an unlicensed entity; (10) knowingly entering into a contract with an unlicensed contractor for work to be performed for which a license is required; (11) false, misleading, or deceptive advertising whereby a member of the public may be misled and injured; (12) contracting or offering to contract or submitting a bid while a license is under suspension or probation; (13) failure to obtain a building permit as required by a local or state government before engaging in construction; (14) failure to take appropriate corrective action to comply with this chapter or a regulation promulgated under this chapter without valid justification within a reasonable period of time after receiving a written directive from the department; (15) failure to maintain the net worth, working capital, or surety bond requirements for licensure; (16) failure to comply with an order of the board; (17) failure to provide pertinent records and documents as requested by the department or board; (18) failure to maintain a business address accessible to the public; (19) failure to comply with a directive of the department; (20) failure to notify the department of changes in information required in an original or renewal application; (21) contracting or offering to contract for construction work exceeding the limitations of a group or outside the classification or subclassification of a license; (22) attempting to serve in the capacity of primary qualifying party while serving a house arrest, a jail sentence, or a prison sentence; or (23) departure from an applicable building code of the State of South Carolina or any of its political subdivisions as determined by a court of competent jurisdiction. (B) Disciplinary action may be taken against an entity or individual who the board determines to be responsible for violations of this chapter regardless of changes in corporate identity or federal employer identification subsequent to the violation. In determining responsibility, the board may consider, but is not limited to, an individual's: (1) participation in management or supervision related to the violation; (2) position as sole proprietor, partner, officer, or qualifying party. (C) The board may, in addition to all other disciplinary actions, require a licensee, certificate holder, or other entity or individual to pay a civil penalty of up to five thousand dollars for each violation of this chapter or of a regulation promulgated under this chapter and may order an unlicensed contractor to cease and desist from violating a provision of this chapter. (D) Upon presentation to the court of common pleas by the department of an affidavit for nonpayment of an administrative penalty under a citation which is a final order or a civil penalty assessed by the board pursuant to subsection (C), the court shall issue an order for judgment to be filed in the office of the Clerk of Court. (E) A license or certificate that is canceled by the department or revoked by the board must be returned to the department within fifteen days of notification by the department. (F) No sooner than one year after revocation of a license or certificate by the board, the entity or individual who held that license or certificate may apply for another. The applicant must meet all requirements for initial licensure or certification and must appear before the board to present evidence that his practice will not unreasonably endanger the public. (G) If a license is canceled by the department, the licensee must apply for initial licensure. (H) Work in progress may be completed by the licensee if the licensee's license is revoked, canceled, lapsed, or suspended; however; (1) no new work may be bid or started after revocation or suspension of a license upon proper notification by the department, (2) unless otherwise directed by the board, the revocation, suspension, or restriction of a license or certificate does not become effective until the tenth day following the delivery to the licensee or qualifying party of a written decision of the board. Service of a petition for a review of the decision does not stay the board's decision pending completion of the appellate process in accordance with the Administrative Procedures Act. (I) Where a licensee's business is dissolved for whatever reason, that license must be canceled by the department. However, if the business has been administratively dissolved by the Secretary of State, the licensee must be allowed ninety days from when the department notifies the licensee that it has obtained information that the licensee has been dissolved to provide proof of reinstatement by the Secretary of State, and if such proof is timely provided, any cancellation of the license by the department must be rescinded retroactively to the date of the cancellation. (J) The board may revoke, suspend, or restrict an individual license classification or subclassification without effect to other license classifications or subclassifications. (K) Sanctions, discipline, or administrative penalties authorized by this chapter or Section 40-1-120 may include a private reprimand. A final order of the board finding that an entity or individual is in violation of this chapter or Section 40-1-10, et seq., becomes public knowledge except for a final order dismissing the complaint, issuing a letter of caution, or imposing a private reprimand. Effect of Amendment 2023 Act No. 69, SECTION 5, in (A), in (2), substituted "gross negligence" for "negligence", in (10), substituted "knowingly entering" for "entering", in (15), inserted ", working capital, or surety bond", in (22), substituted "house arrest, a jail sentence, or a prison sentence" for "a jail sentence"; in (H), inserted ", canceled, lapsed,"; in (I), added the second sentence; and added (K).
S.C. Code Ann. § 40-65-260 — SC Code / Title 40 / Chapter 65 / Section 40-65-260
SECTION 40-65-260. Omitted by 2010 Act No. 249, SECTION 2.A, eff June 11, 2010.
Status: in_force

Editor's Note Former SECTION 40-65-260 was entitled "Penalties" and was derived from 1962 Code SECTION 56-1546.55; 1974 (58) 2828; 1993 Act No. 181, SECTION 946.
S.C. Code Ann. § 40-13-60 — SC Code / Title 40 / Chapter 13 / Section 40-13-60
SECTION 40-13-60. Adoption of rules and regulations by board.
Status: in_force

The board may adopt rules governing its proceedings and may promulgate regulations necessary to carry out the provisions of this chapter. Regulations relating to the sanitary management of salons and schools must not be promulgated until approved by the Department of Health and Environmental Control.
S.C. Code Ann. § 40-51-20 — SC Code / Title 40 / Chapter 51 / Section 40-51-20
SECTION 40-51-20. Definitions.
Status: in_force

For the purposes of this chapter: (1) "Ankle" means the distal metaphysis and epiphysis of the tibia and fibula, the articular cartilage of the distal tibia and distal fibula, the ligaments that connect the distal metaphysis and epiphysis of the tibia and fibula and the talus, and the portions of skin, subcutaneous tissue, fascia, muscles, tendons and nerves at or below the level of the myotendinous junction of the triceps surae. (2) "Diagnosis" means to ascertain a disease or ailment by symptoms and findings and does not confer the right to use X-ray other than for diagnosis. (3) "Medical treatment" means the application or prescribing of any therapeutic agent or remedy for the relief of foot or ankle ailments, except the medical treatment of any systemic disease causing manifestations in the foot or ankle. (4) "Podiatric ankle surgery" or "surgical treatment of the ankle" means surgical treatment of the ankle, including the surgical treatment of the anatomical structures of the ankle, as well as the administration and prescription of drugs incidental to the ankle, and the surgical treatment of manifestations of systemic diseases as they appear on the ankle, excluding: (a) amputation of the leg or foot above the level of the transmetatarsal; (b) surgical fixation of tibial shaft fractures; (c) midshaft tibial osteotomy; (d) total ankle replacement; and (e) placement of external fixator pins proximal or above the myotendinous junction. Any external fixator pins inserted above the ankle but below the myotendinous junction may only be performed under protocols established between a podiatrist and an institution that has the capability to treat tibia fractures and other complications that may arise from placement of the pin. (5) "Podiatrist" means: (a) For podiatrists who are RRA qualified or certified, the diagnosis, surgical, medical, and mechanical treatment of all conditions of the human foot and ankle. (b) For podiatrists who are not RRA qualified or certified, the diagnosis, surgical, medical, and mechanical treatment of all conditions of the human foot and soft tissue structures. (c) The practice of podiatry (both RRA certified or qualified and non-RRA certified or qualified) includes the administration of local anesthesia, defined as localized infiltration only, and in conjunction with the practice of podiatry. Excluded from the definition of podiatry is the amputation of the entire foot and the administration of an anesthetic other than local. (6) "Podiatry" means, depending on qualifications or certifications as provided in item (5), the diagnosis, surgical, medical, and mechanical treatment of all conditions of the human foot and ankle. The practice of podiatry includes the administration of local anesthesia, defined as localized infiltration only, and in conjunction with the practice of podiatry. Excluded from the definition of podiatry is the amputation of the entire foot and the administration of an anesthetic other than local. (7) "Surgical treatment" means the use of a cutting or invasive instrument to treat a disease, ailment, deformity, or condition of the foot or ankle, but does not confer the right to amputate the entire foot. Effect of Amendment 2018 Act No. 240, SECTION 3, rewrote the section, revising and adding definitions.
S.C. Code Ann. § 40-7-260 — SC Code / Title 40 / Chapter 7 / Section 40-7-260
SECTION 40-7-260. Only licensed master haircare specialist may use chemicals to wave, relax, straighten, or bleach hair.
Status: in_force

No person may use chemicals to wave, relax, straighten, or bleach the hair in a barber shop unless a license as a master haircare specialist has been issued to the person by the board. Editor's Note Prior Laws:1985 Act No. 147, SECTION 2; 1976 Code SECTION 40-7-15.
S.C. Code Ann. § 40-47-1295 — SC Code / Title 40 / Chapter 47 / Article 9 / Section 40-47-1295
SECTION 40-47-1295. Maximum fees.
Status: in_force

(A) Fees for anesthesiologist's assistant licensure are established as follows: (1) initial licensing fee, not to exceed one thousand dollars; (2) renewal of license fee, not to exceed three hundred dollars; (3) late renewal fee, not to exceed the renewal fee doubled; (4) reactivation application fee, not to exceed three hundred dollars; (5) change in supervisor sponsor fee, not to exceed three hundred dollars. (B) Fees may be adjusted biennially in accordance with Section 40-1-50 to ensure that they are sufficient but not excessive to cover expenses including the total of the direct and indirect costs to the State for the operations of the committee.
S.C. Code Ann. § 40-85-240 — SC Code / Title 40 / Chapter 85 / Section 40-85-240
SECTION 40-85-240. Construction of chapter.
Status: in_force

Nothing in this chapter may be construed to authorize a licensed genetic counselor or another person to practice medicine, surgery, osteopathy, homeopathy, chiropractic, naturopathy, magnetic healing, or another form, branch, or method of healing as authorized by the laws of this State. Nothing in this chapter may be construed to restrict, inhibit, or limit the practice of licensed physicians, nurse practitioners, or licensed physician assistants.
S.C. Code Ann. § 40-81-210 — SC Code / Title 40 / Chapter 81 / Section 40-81-210
SECTION 40-81-210. Civil penalties and injunctive relief.
Status: in_force

In addition to initiating a criminal proceeding for a violation of this chapter, the commission may seek civil penalties and injunctive relief in accordance with Section 40-1-210.
S.C. Code Ann. § 40-67-610 — SC Code / Title 40 / Chapter 67 / Article 3 / Section 40-67-610
SECTION 40-67-610. Oversight; dispute resolution; enforcement.
Status: in_force

(A) Upon request by a member state, the commission shall attempt to resolve disputes related to the compact that arise among member states and between member and non-member states. (B) The commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes as appropriate. (C) The commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this compact. (D) By majority vote, the commission may initiate legal action in the United States District Court for the District of Columbia or the federal district where the commission has its principal offices against a member state in default to enforce compliance with the provisions of the compact and its promulgated rules and bylaws. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing member shall be awarded all costs of litigation, including reasonable attorney's fees. (E) The remedies herein are not be the exclusive remedies of the commission. The commission may pursue any other remedies available under federal or state law.
S.C. Code Ann. § 40-30-130 — SC Code / Title 40 / Chapter 30 / Section 40-30-130
SECTION 40-30-130. Examination.
Status: in_force

(A) An applicant who fails an examination pursuant to Section 40-30-110 may be reexamined as provided by the board. (B) Upon an applicant's successful completion of an examination, the board shall be notified by the examination provider. Effect of Amendment 2022 Act No. 151, SECTION 2, rewrote the section.
S.C. Code Ann. § 40-8-60 — SC Code / Title 40 / Chapter 8 / Section 40-8-60
SECTION 40-8-60. Election of chairman and vice chairman; expense reimbursements; meetings.
Status: in_force

The board shall elect annually a chairman and vice chairman. Each member of the board shall receive the usual mileage, per diem, and subsistence as provided by law for members of state boards, committees, and commissions. All expenses of the board must be paid from fees received by the board. The board shall meet at least semiannually and may hold special meetings at any time and place within the State at the call of the chairman or upon written request of at least four members.
S.C. Code Ann. § 40-33-1310 — SC Code / Title 40 / Chapter 33 / Article 15 / Section 40-33-1310
SECTION 40-33-1310. Definitions.
Status: in_force

As used in this article: (1) "Adverse action" means any administrative, civil, equitable, or criminal action permitted by a state's laws which is imposed by a licensing board or other authority against a nurse, including actions against an individual's license or multistate licensure privilege such as revocation, suspension, probation, monitoring of the licensee, limitation on the licensee's practice, or any other encumbrance on licensure affecting a nurse's authorization to practice, including issuance of a cease and desist action. (2) "Alternative program" means a nondisciplinary monitoring program approved by a licensing board. (3) "Commission" means the Interstate Commission of Nurse Licensure Compact Administrators. (4) "Coordinated licensure information system" means an integrated process for collecting, storing, and sharing information on nurse licensure and enforcement activities related to nurse licensure laws that is administered by a nonprofit organization composed of and controlled by licensing boards. (5) "Current significant investigative information" means: (a) investigative information that a licensing board, after a preliminary inquiry that includes notification and an opportunity for the nurse to respond, if required by state law, has reason to believe is not groundless and, if proved true, would indicate more than a minor infraction; or (b) investigative information that indicates that the nurse represents an immediate threat to public health and safety regardless of whether the nurse has been notified and had an opportunity to respond. (6) "Encumbrance" means a revocation or suspension of, or any limitation on, the full and unrestricted practice of nursing imposed by a licensing board. (7) "Home state" means the party state which is the nurse's primary state of residence. (8) "Licensing board" means a party state's regulatory body responsible for issuing nurse licenses. (9) "Multistate license" means a license to practice as a registered or a licensed practical/vocational nurse (LPN/VN) issued by a home state licensing board that authorizes the licensed nurse to practice in all party states under a multistate licensure privilege. (10) "Multistate licensure privilege" means a legal authorization associated with a multistate license permitting the practice of nursing as either a registered nurse (RN) or LPN/VN in a remote state. (11) "Nurse" means RN or LPN/VN, as those terms are defined by each party state's practice laws. (12) "Party state" means any state that has adopted this compact. (13) "Remote state" means a party state, other than the home state. (14) "Single-state license" means a nurse license issued by a party state that authorizes practice only within the issuing state and does not include a multistate licensure privilege to practice in any other party state. (15) "State" means a state, territory, or possession of the United States and the District of Columbia. (16) "State practice laws" means a party state's laws, rules, and regulations that govern the practice of nursing, define the scope of nursing practice, and create the methods and grounds for imposing discipline. "State practice laws" do not include requirements necessary to obtain and retain a license, except for qualifications or requirements of the home state. Editor's Note 2005 Act No. 87, SECTION 7, provides as follows: "This act takes effect upon approval by the Governor and applies to nursing licenses applied for after September 30, 2006." Effect of Amendment 2017 Act No. 41, SECTION 1, rewrote the section to reflect changes mandated for membership in the Nurse Licensure Compact.
S.C. Code Ann. § 40-38-270 — SC Code / Title 40 / Chapter 38 / Section 40-38-270
SECTION 40-38-270. Fitting of contact lenses and professional determinations by opticians prohibited; exception.
Status: in_force

Notwithstanding any other provision of law, with respect to contact lenses, an optician shall act upon receipt of and based on a prescription for the lenses by an ophthalmologist or optometrist. Nothing in this chapter may be construed to allow an optician to fit contact lenses or to make professional determinations as lenses to the specifications of these lenses unless under the supervision of an ophthalmologist or optometrist. If supervision is not direct and if the optician dispenses the contact lenses outside of the presence of the ophthalmologist or optometrist, the optician shall instruct the patient to return to the prescribing ophthalmologist or optometrist for verification of the fitting as soon as an appointment may be obtained. Editor's Note Prior Laws:1982 Act No. 396, SECTION 1; 1976 Code SECTION 40-38-150.
S.C. Code Ann. § 40-75-130 — SC Code / Title 40 / Chapter 75 / Article 1 / Section 40-75-130
SECTION 40-75-130. Denial of licensure.
Status: in_force

As provided for in Section 40-1-130, the board may deny licensure to an applicant based on the same grounds for which the board may take disciplinary action against a licensee.
S.C. Code Ann. § 40-28-160 — SC Code / Title 40 / Chapter 28 / Section 40-28-160
SECTION 40-28-160. Voluntary surrender of license when under investigation for violation.
Status: in_force

A licensee under investigation for a violation of this chapter or a regulation promulgated under this chapter may voluntarily surrender the license to practice in accordance with and subject to the provisions of Section 40-1-150.
S.C. Code Ann. § 40-15-420 — SC Code / Title 40 / Chapter 15 / Article 3 / Section 40-15-420
SECTION 40-15-420. Staff must be certified in cardiopulmonary resuscitation and the basic life support level; training; continuing education.
Status: in_force

(A) All dental staff who provide direct, hands-on patient care must be certified in cardiopulmonary resuscitation and the basic life support level by a board-approved training course. The certification must have been received in the immediately preceding two years. (B) The operating dentist shall provide training for staff with hands-on patient care commensurate with the level and mode of sedation administered. This training must be documented and available for inspection by the department upon request. (C) The dentist must include four hours in pharmacology, anesthesia, emergency medicine, or sedation every two years as part of the continuing educational requirements of this chapter.
S.C. Code Ann. § 40-47-32 — SC Code / Title 40 / Chapter 47 / Article 1 / Section 40-47-32
SECTION 40-47-32. Permanent licenses; requirements; examinations; post-graduate medical residency training requirements; fee.
Status: in_force

(A) To obtain a permanent license to practice medicine in this State an applicant shall comply with the requirements of this section. (B)(1) An applicant shall document to the satisfaction of the board graduation from a: (a) medical school located in the United States or Canada that is accredited by the Liaison Committee on Medical Education or other accrediting body approved by the board; (b) school of osteopathic medicine located in the United States or Canada accredited by the Commission on Osteopathic College Accreditation or other accrediting body approved by the board; (c) medical school located outside the United States or Canada. (2) An applicant who graduated from a medical school located outside of the United States shall: (a)(i) possess a permanent Standard Certificate from the Education Commission on Foreign Medical Graduates (ECFMG); and (ii) document a minimum of three years of progressive postgraduate medical residency training in the United States approved by the Accreditation Council for Graduate Medical Education (ACGME), American Osteopathic Association (AOA), or postgraduate training in Canada approved by the Royal College of Physicians and Surgeons, except that if an applicant has been actively licensed in another state for the preceding five years or more without significant disciplinary action, the applicant need only document one year of postgraduate residency training approved by the board; or (b)(i) document successful completion of a Fifth Pathway program; and (ii) complete a minimum of three years progressive postgraduate medical residency training in the United States approved by the ACGME or AOA or postgraduate training in Canada approved by the Royal College of Physicians and Surgeons or be board eligible or board certified by a specialty board recognized by the American Board of Medical Specialties (ABMS), the AOA, or another organization approved by the board; (c) notwithstanding the provisions of this subsection, the board may waive the ECFMG or Fifth Pathway requirement if the applicant is to have a full-time academic faculty appointment at the rank of assistant professor or greater at a medical school in this State. (C) An applicant shall document to the satisfaction of the board successful completion of: (1) all parts of the National Board of Medical Examiners Examination in approved sequence; (2) all parts of the National Board of Osteopathic Medical Examiners Examination in approved sequence; (3) the Federation Licensing Exam (FLEX) based on standards established by the board; (4) the United States Medical Licensing Examination (USMLE) based on standards established by the board; (5) the Medical Council of Canada Qualifying Examination (MCCQE) in approved sequence; (6) the Comprehensive Osteopathic Medical Licensing Examination (COMLEX—USA); (7) a written state examination of another state medical, osteopathic, or composite board prior to 1976, and current certification by a specialty board recognized by the American Board of Medical Specialties, the American Osteopathic Association, or another organization approved by the board; or (8) combinations of the FLEX, National Board of Medical Examiners, and USMLE acceptable to the Composite Committee of the USMLE and approved by the board. These combinations may be accepted only if taken before 1999. (D) In addition to meeting all other licensure requirements, an applicant shall pass the Special Purpose Examination (SPEX) or the Composite Osteopathic Variable-Purpose Examination (COMVEX), unless the applicant can document within ten years of the date of filing a completed application to the board one of the following: (1) National Board of Medical Examiners examination; (2) National Board of Osteopathic Medical Examiners examination; (3) FLEX; (4) USMLE; (5) MCCQE; (6) SPEX; (7) COMVEX; (8) COMLEX—USA; (9) ECFMG; (10) certification, recertification, or a certificate of added qualification examination by a specialty board recognized by either the American Board of Medical Specialties (ABMS), the American Osteopathic Association (AOA), or another organization approved by the board; or (11) one hundred fifty hours of Category I continuing medical education in the three years preceding the date of the application by an applicant who is currently certified by a specialty board recognized by the American Board of Medical Specialties, the American Osteopathic Association, or other organization approved by the board, which certification is not time limited and does not require recertification by examination. Such Category I continuing medical education must be approved by the American Medical Association or American Osteopathic Association, or other national organization approved by the board, as appropriate. Seventy-five percent of these hours must be related to the applicant's area of specialty. This is the only exception to the ten year requirement of this subsection that does not require an examination or reexamination. (E) The additional examination required pursuant to subsection (D) must be waived if the applicant is to practice in a position within the South Carolina Department of Corrections, the South Carolina Department of Health and Environmental Control, the Office of Mental Health, the Office of Intellectual and Developmental Disabilities, or the Disability Determination Services Unit of the State Agency of Vocational Rehabilitation. A license issued pursuant to this waiver is immediately invalid if the individual leaves that position or acts outside the scope of employment within the department. A change in agency may be approved upon presentation to the board of a copy of a contract in which the individual has been offered a position within the South Carolina Department of Corrections, the South Carolina Department of Health and Environmental Control, the Office of Mental Health, the Office of Intellectual and Developmental Disabilities, or the Disability Determination Services Unit of the State Agency of Vocational Rehabilitation. (F) In addition to the following standards, the board shall establish minimum standards of performance to be attained on examinations for an applicant to qualify for licensure: (1) For FLEX examinations taken before June 1, 1985, the following standards apply: (a) An applicant for permanent licensure shall obtain, in one sitting, a FLEX weighted average score of at least seventy-five on the examination. (b) FLEX examinations taken before June 1, 1985, were administered in three days and the days were referred to as Day 1, Day 2, and Day 3. In case of failure, the results of the first three takings of each day must be considered by the board, and the board may consider the results from a fourth taking of any day; however, the applicant has the burden of presenting special and compelling circumstances why a result from a fourth taking should be considered. These circumstances may include, but are not limited to, the applicant's additional medical education or training, the applicant's score on the third taking, or other special or compelling circumstances. Under no circumstances may the board consider results received after the fourth taking of Day 1, Day 2, or Day 3, except that a subsequent taking may be considered by the board for an applicant who currently holds a certification, recertification, or a certificate of added qualification by a specialty board recognized by the ABMS, AOA, or another organization approved by the board. (2) For FLEX examinations taken after June 1, 1985, the following standards apply: (a) An applicant for permanent licensure shall obtain a score of seventy- five or more on both Component I and Component II. An applicant shall pass both components within five years of the first taking of any component of this examination. (b) FLEX examinations taken after June 1, 1985, were administered as Component I and Component II. In case of failure, the results of the first three takings of each component must be considered by the board. The board may consider the results from a fourth taking of any component; however, the applicant has the burden of presenting special and compelling circumstances why a result from a fourth taking should be considered. These circumstances may include, but are not limited to, the applicant's additional medical education or training, the applicant's score on the third taking, or other special or compelling circumstances. Under no circumstances may the board consider results received after the fourth taking of Component I or Component II, except that a subsequent taking may be considered by the board for an applicant who currently holds a certification, recertification, or a certificate of added qualification by a specialty board recognized by the ABMS, AOA, or another organization approved by the board. (3) For the United States Medical Licensing Examination or the Comprehensive Osteopathic Medical Licensing Examination, or the Medical Council of Canada Qualifying Examination, the applicant shall pass all steps within ten years of passing the first taken step. The results of the first three takings of each step examination must be considered by the board. The board may consider the results from a fourth taking of any step; however, the applicant has the burden of presenting special and compelling circumstances why a result from a fourth taking should be considered. These circumstances may include, but are not limited to, the applicant's additional medical education or training, the applicant's score on the third taking, or other special or compelling circumstances. Under no circumstances may the board consider results received after the fourth taking of any step, except that a subsequent taking may be considered by the board for an applicant who currently holds a certification, recertification, or a certificate of added qualification by a specialty board recognized by the ABMS, AOA, or another organization approved by the board. (G) With respect to postgraduate medical residency training requirements, the following standards apply: (1) Graduates of approved medical or osteopathic schools located in the United States or Canada shall document the successful completion of a minimum of one year of postgraduate medical residency training approved by the board. (2) Graduates of medical schools located outside the United States or Canada shall document a minimum of three years of progressive postgraduate medical residency training approved by the board, except that these graduates who have completed at least two and one-half years of progressive postgraduate medical residency training in the program in which they are currently enrolled may be issued a license upon certification from the program of their good standing and expected satisfactory completion. These graduates who have been actively licensed in another state for the preceding five years or more without significant disciplinary action need only document one year of postgraduate residency training approved by the board. A foreign graduate may satisfy the three year postgraduate training requirement with at least one year of approved training in combination with certification by a specialty board recognized by the ABMS, AOA, or another national organization approved by the board. (3) The board may accept a full-time academic appointment at the rank of assistant professor or greater in a medical or osteopathic school in the United States as a substitute for and instead of postgraduate medical residency training. Each year of this academic appointment may be credited as one year of postgraduate medical residency training for purposes of the board's postgraduate training requirements. (4) For purposes of satisfying postgraduate medical residency training requirements, the board may accept postgraduate training in the United States approved by the Accreditation Council on Graduate Medical Education or the American Osteopathic Association or postgraduate training in Canada approved by the Royal College of Physicians and Surgeons. (H) An applicant may be denied licensure if the individual has committed acts or omissions that are grounds for disciplinary action as provided for in Section 40-47-110. The board or department immediately may cancel an authorization that was issued based on false, fraudulent, or misleading information provided by an applicant. (I) The board may grant or refuse licensure to licentiates of the National Board of Medical Examiners, the Medical Council of Canada, or of the National Board of Osteopathic Medical Examiners without further examination and may make and establish all necessary rules and regulations for the endorsement of licensure issued by other state boards having substantially equivalent requirements. (J) An applicant for a permanent license shall document compliance with applicable continued competency requirements. (K) An applicant shall file a completed application, with required supporting documentation, on forms provided by the department. Primary source verification of an applicant's identity, medical education, postgraduate training, examination history, disciplinary history, and other core information required for licensure in this State must be provided through an independent credentials verification organization approved by the board. (L) A nonrefundable permanent license application fee must be submitted with the application. Applications will not be processed without the required fee. (M) The board must not issue a permanent license to a licensed physician of another state of the United States: (1) whose license is currently revoked, suspended, restricted in any way, or on probationary status in that state; or (2) who currently has disciplinary action pending in any state. 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. 221, SECTION 1, in (E), in the first and third sentences, inserted ", or the Disability Determination Services Unit of the State Agency of Vocational Rehabilitation" at the end, and made nonsubstantive changes.