S.C. Code Ann. § 40-7-230 — SC Code / Title 40 / Chapter 7 / Section 40-7-230
SECTION 40-7-230. Barber assistant; requirements for licensure; certificate of registration for registered barber apprentice, registered barber, or master haircare specialist.
Status: in_force

(A) The board shall issue a license to practice as a barber assistant to a person who: (1) is at least sixteen years of age; (2) has passed a physical examination prescribed by the Department of Health and Environmental Control; (3) has been issued a student permit and completed six weeks' training as a barber assistant under the supervision of a registered barber who is qualified to train an assistant barber as provided for in Section 40-7-290; (4) has been examined by the board and has been determined to be qualified to give shampoos and manicures. A barber assistant only may work under the direct supervision of a licensed registered barber. The board may promulgate regulations for the purpose of examination, supervision, and licensing of these persons. A barber assistant employed as of February 1, 1976, may within sixty days obtain a barber assistant license without further training or examination by paying the required fee. (B) The board shall issue a certificate of registration as a registered barber apprentice to a person who: (1) is at least sixteen years of age and has achieved a ninth grade education or its equivalent; (2) has passed a physical examination prescribed by the Department of Health and Environmental Control; (3) has completed at least nine months' course of fifteen hundred hours in a reliable barber school or college approved by the board; or twelve months' training under the personal supervision of a registered barber who has been examined by the board and who has been determined to be qualified to train student barbers under laws governing barber training in this State; (4) has passed the examination prescribed by the board; (5) has submitted the applicable fees established by the board in regulation. (C) The board shall issue a certificate of registration as a registered barber to a person who: (1) is at least seventeen years of age; (2) has passed a physical examination as prescribed by the board; (3) has practiced as a registered apprentice for twelve months under the direct supervision of a registered barber, and this practice must have included at least one thousand nine hundred twenty hours, proof of which must be submitted to the board by affidavit of three registered barbers or by other methods of proof that the board may prescribe; (4) has passed the registered barber examination prepared and conducted by the board to determine if the applicant has: (a) the requisite skill to perform properly all the duties associated with the practice of barbering including, but not limited to, the ability of the applicant in the preparation of tools, shaving, haircutting, and all the duties and services incident to them; (b) sufficient knowledge concerning diseases of the face, skin, and scalp. (D) The board shall issue a certificate of registration as a master hair care specialist to: (1) a cosmetologist licensed under Chapter 13 who has: (a) satisfied educational requirements prescribed by the board in regulation; (b) passed the examination required by the board. (2) a person who after July 1, 1985, meets the requirements of subsection (C) and has passed a written and practical examination conducted by the board to determine the person's ability to use chemicals to wave, relax, straighten, or bleach the hair; (3) a cosmetologist licensed under Chapter 13 who has two or more years' experience working as a cosmetologist and after successfully completing a practical examination prescribed and conducted by the board. The examination shall include a basic tapered haircut. Editor's Note Prior Laws:1937 (40) 339; 1942 Code SECTION 5250-33; 1952 Code SECTION 56-259; 1962 Code SECTION 56-259; 1967 (55) 392; 1971 (57) 904; 1989 Act No. 87, SECTION 4; 1972 Code SECTION 40-7-100.
S.C. Code Ann. § 40-13-40 — SC Code / Title 40 / Chapter 13 / Section 40-13-40
SECTION 40-13-40. Authorization to practice in registered salons.
Status: in_force

(A) A person registered as a barber or master hair care specialist pursuant to the requirements of Chapter 7 of this title may practice within the scope authorized by the person's license in a salon registered in accordance with this chapter. (B) The provisions of this section apply notwithstanding the provisions of Section 40-13-20(1) or another provision of law. (C) The department shall promulgate regulations to carry out the provisions of this section.
S.C. Code Ann. § 40-47-115 — SC Code / Title 40 / Chapter 47 / Article 1 / Section 40-47-115
SECTION 40-47-115. Jurisdiction of the board.
Status: in_force

The board has jurisdiction over the actions committed or omitted by current and former licensees as provided in Section 40-1-115.
S.C. Code Ann. § 40-60-460 — SC Code / Title 40 / Chapter 60 / Article 3 / Section 40-60-460
SECTION 40-60-460. Appraiser's consent required to modify report; use of appraisal reports.
Status: in_force

(A) An appraisal management company may not alter, modify, or otherwise change a completed appraisal report submitted by a licensed or certified independent appraiser without the appraiser's consent, except as necessary to comply with regulatory mandates or legal requirements. (B) An appraisal management company may not use an appraisal report submitted by a licensed or certified independent appraiser, or any of the data or information contained therein, for any purpose other than its intended use without the appraiser's or the intended end user's consent, except as necessary to comply with regulatory mandates or legal requirements. 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. § 40-30-180 — SC Code / Title 40 / Chapter 30 / Section 40-30-180
SECTION 40-30-180. Renewal of license.
Status: in_force

(A) A person or entity holding a massage therapist license, massage therapy establishment license, or sole practitioner establishment license, pursuant to this chapter, must biennially satisfy the following license renewal requirements: (1) pay a renewal fee in the amount, at the time, and in the manner provided by the board; (2) complete continuing education requirements prescribed by the board in accordance with this chapter, if applicable, and submit evidence of compliance on a form prescribed by the board. The submitted continuing education compliance reports may be subject to random audits by the board. A licensee that does not comply with a continuing education audit request or that provides an incomplete compliance report may be subject to disciplinary action. (B)(1) A license automatically reverts to lapsed status if the licensee fails to timely comply with the renewal requirements of this chapter. The license may be reinstated only upon application and payment of any fees and after having met any additional requirements which the board may establish including, but not limited to, an updated background check and continuing education requirements. (2) If a massage therapy establishment license or a sole practitioner establishment license lapses, then the establishment must pass an inspection by the department prior to licensure reinstatement. The establishment licensee may also be subject to additional requirements, as determined by the board. (3) A lapsed license status does not stay any disciplinary actions for violations that occurred during the course of an active license. (4) An individual or establishment may not provide massage therapy services while a license is in lapsed status. (C)(1) A license that has lapsed for more than one year shall be automatically canceled if the licensee has not submitted an application for reinstatement. (2) If a license is canceled pursuant to this section, then an individual or entity may apply for a new license in accordance with this chapter and related regulations. Effect of Amendment 2022 Act No. 151, SECTION 2, rewrote the section.
S.C. Code Ann. § 40-13-90 — SC Code / Title 40 / Chapter 13 / Section 40-13-90
SECTION 40-13-90. Investigation results; presentation to board; hearing procedures.
Status: in_force

The results of an investigation must be presented to the board and any subsequent hearing must be conducted in accordance with Section 40-1-90.
S.C. Code Ann. § 40-2-130 — SC Code / Title 40 / Chapter 2 / Article 1 / Section 40-2-130
SECTION 40-2-130. Denial of authorization to practice.
Status: in_force

The board may deny an authorization to practice to an applicant who has committed an act that would be grounds for disciplinary action under this chapter. The board must deny authorization to practice to an applicant who has failed to demonstrate the qualifications or standards for licensure required by this chapter. The applicant shall demonstrate to the satisfaction of the board that the applicant meets all the requirements for the issuance of a license. Effect of Amendment 2022 Act No. 174, SECTION 1, reenacted the section with no apparent change.
S.C. Code Ann. § 40-15-400 — SC Code / Title 40 / Chapter 15 / Article 3 / Section 40-15-400
SECTION 40-15-400. Permits; applications; fees.
Status: in_force

(A) For purposes of this section, "current" means the certification course has been taken within two years. Other life support certifications approved by the board may be accepted. (B)(1) A permit is not required for local anesthesia, nitrous oxide/oxygen, minimal sedation, or any combination thereof, where the patient has a depressed level of consciousness but is able to independently and continually maintain an airway with unaffected ventilatory and cardiovascular function and respond normally to tactile and verbal stimulation. (2) A dentist who is not administering anesthesia, but is providing anesthesia in his dental office, must conform to the requirements of this chapter except subsections (C)(1), (D)(1), (E)(1), and (E)(2) of this section. (3) The administration of sedation or anesthesia, or both, in a dentist's office by a licensed physician shall be administered pursuant to Chapter 47, Title 40. The administration of sedation or anesthesia, or both, in the dentist's office by a licensed Certified Registered Nurse Anesthetist shall be administered pursuant to Chapter 33, Title 40. (C) To provide moderate enteral sedation, a dentist must first submit an application with an initial fee to the board with documentation of: (1) completion of predoctoral, postdoctoral, or continuing education conscious sedation training in an accredited program to include twenty-four hours of didactic instruction and ten cases commensurate with each intended route of administration; and (2) applicable life support training, which must be: (a) advanced cardiac life support (ACLS) certification that is current if treating adults and children; or (b) pediatric advanced life support (PALS) certification that is current if treating only children. (D) To provide moderate parenteral sedation, a dentist must first submit an application with an initial fee to the board with documentation of: (1) completion of predoctoral, postdoctoral, or continuing education conscious sedation training in an accredited program to include sixty hours of didactic instruction and twenty cases commensurate with each intended route of administration; and (2) applicable life support training, which must be: (a) advanced cardiac life support (ACLS) certification that is current if treating adults and children; or (b) pediatric advanced life support (PALS) certification that is current if treating only children. (E) To provide deep sedation/general anesthesia, a dentist must first submit an application with an initial fee to the board with documentation of: (1) completion of one year of advanced training in anesthesiology and related academic subjects or complete an oral and maxillofacial surgery residency program, or be a Diplomate of the American Board of Oral and Maxillofacial Surgery; provided, however, that the training must include sixty hours of didactic instruction and twenty cases commensurate with each intended route of administration; (2) sixty hours of pediatric didactic training and twenty cases commensurate with each intended route of administration for children under thirteen years of age in order to provide pediatric deep sedation/general anesthesia; and (3) applicable life support training, which must be: (a) advanced cardiac life support (ACLS) certification that is current if treating adults and children; or (b) pediatric advanced life support (PALS) certification that is current if treating only children. (F) To provide deep sedation/general anesthesia, the applicant may pursue an advanced education route by means of various residencies, a specific oral and maxillofacial surgery residency, or may become a Diplomate of the American Board of Oral and Maxillofacial Surgery. (G) Permit fees must be remitted biennially with the dental license renewal. These fees initially must be determined by the board pursuant to Section 40-1-50(D).
S.C. Code Ann. § 40-9-35 — SC Code / Title 40 / Chapter 9 / Section 40-9-35
SECTION 40-9-35. Compensation of members of the board.
Status: in_force

Members of the board and persons authorized by the board, engaged in business for the board, shall receive for their services a per diem as determined by the board, and travel expenses as provided by law for state boards, committees and commissions. Such compensation shall be paid from board funds.
S.C. Code Ann. § 40-60-310 — SC Code / Title 40 / Chapter 60 / Article 3 / Section 40-60-310
SECTION 40-60-310. Short title.
Status: in_force

This article may be cited as the "Appraisal Management Company Registration Act". 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. § 40-22-115 — SC Code / Title 40 / Chapter 22 / Section 40-22-115
SECTION 40-22-115. Jurisdiction of board.
Status: in_force

The board has jurisdiction over practice undertaken by nonlicensed individuals and firms and the actions committed or omitted by current and former licensees during the entire period of licensure. The board has jurisdiction to act on any matter which arises during the practice authorization period of licensed practitioners and firms as provided for in Section 40-1-115.
S.C. Code Ann. § 40-7-355 — SC Code / Title 40 / Chapter 7 / Section 40-7-355
SECTION 40-7-355. Mobile barbershops authorized; regulations.
Status: in_force

(A) As used in this section: (1) "Mobile barbershop" means a self-contained unit in which the practice of barbering is conducted, which may be moved, towed, or transported from one location to another. A "mobile barbershop" includes a portable barber operation. (2) "Portable barber operation" means equipment used in the practice of barbering that is in a mobile barbershop or transported from a barbershop and used on a temporary basis at a location including, but not limited to: (a) a client's home; or (b) another institution or location as may be authorized by the board in regulation. (B) An individual may operate a mobile barbershop if the individual: (1) is licensed pursuant to this chapter to engage in the practice of barbering; and (2) does not have a physically stationary office at the location where the barbering services are provided. (C) In order to operate a mobile barbershop, a registered barber shall apply to the board for a mobile barbershop permit. The registered barber shall submit a permit application and fee in the form and manner prescribed by the board in regulation. (D)(1) Before a mobile barbershop permit may be issued, an inspection of the mobile barbershop must be conducted by a representative of the board pursuant to Sections 40-7-320 and 40-7-330. Upon a satisfactory inspection, the board shall issue the applicant a mobile barbershop biennial permit to be affixed within the mobile barbershop as prescribed by the board. The board shall also issue a permit card to be carried by the registered barber when practicing barbering through a portable barber operation. (2) A mobile barbershop permit must be annually renewed, and a renewal fee paid, as prescribed by the board in regulation. (3) A mobile barbershop is subject to unannounced inspections and must be annually inspected before a permit may be renewed. (E)(1) A mobile barbershop permittee shall maintain an official business address, which must be indicated on the permit application and which must not be a post office box. If an address different from the official business address is used for official business, then that address must also be provided. Permit applications must also include the home address of the applicant. The inclusion of the applicant's home address on the application does authorize the applicant to conduct business at his home address if the applicant is issued a license. (2) A mobile barbershop permittee shall maintain an official telephone number, which must be indicated on the application. If other phones are used for official business, then those phone numbers must also be provided. (3) The board must be notified within thirty days of any change in the official business address or telephone number as indicated on the permit application or as otherwise provided to the board. (F) A mobile barbershop permittee shall comply with all applicable federal, state, and local laws, regulations, and ordinances pertaining to the practice of barbering and with all applicable flammability, construction, sanitation, zoning, or infectious waste management guidelines; Occupational Safety and Health Administration guidelines; and federal Centers for Disease Control and Prevention guidelines. The permittee shall maintain any applicable county and city licenses or permits, including business licenses, to operate the mobile barbershop at the location where barbering services will be provided. (G) A mobile barbershop permittee shall maintain a written or an electronic record of the street addresses where barbering services will be provided during any two-week period. (H) A licensed barber at all times must be in charge and present during the operation of a mobile barbershop and is responsible for all barbering services provided at the mobile barbershop. (I)(1) A mobile barbershop permittee shall notify the board in writing within thirty days of the last day of operations when a mobile barbershop ceases to operate. (2) A mobile barbershop permit is not transferable. If a mobile barbershop is sold, the new owner shall apply to the board for a permit before providing barbering services through the mobile barbershop. (J) The board shall promulgate regulations to carry out the provisions of this section including, but not limited to, establishing permit application and renewal fees. (K) A barber who violates a provision of this chapter or a regulation promulgated by the board pursuant to this chapter is subject to disciplinary action as may be determined by the board. (L) The provisions of this section do not apply to a master haircare specialist or registered barber while providing barbering services in a nursing home or community residential care facility setting equipped and maintained in compliance with regulations and other requirements concerning the equipping and maintenance of barbershops. (M) A mobile barbershop is prohibited from operating within eyesight of the nearest registered barbershop. Code Commissioner's Note At the direction of the Code Commissioner, pursuant to the authority to codify permanent law, the provision of Section 2 of 2021 Act No. 65 was codified as (M) of this section.
S.C. Code Ann. § 40-79-20 — SC Code / Title 40 / Chapter 79 / Section 40-79-20
SECTION 40-79-20. Definitions.
Status: in_force

As used in this chapter: (1) "Administrative personnel" means an individual who performs daily office functions for the management of an alarm business. (2) "Alarm business" means an entity that is licensed by the South Carolina Contractor's Licensing Board to engage in the burglar or fire alarm system business, or both. (3) "Alarm technician" means an individual who specializes in any activity or work related to the set up or installation, repair, alteration, or connection of an alarm system to a client's property. (4) "Bid" means an offer to furnish labor, equipment or materials, or other services regulated by this chapter. (5) "Board" means the South Carolina Contractor's Licensing Board. (6) "Burglar alarm system business" means a person, firm, association, partnership, corporation, or other legal entity authorized by law and approved by the board that designs, installs, services, maintains, or alters burglar alarm systems, including burglar alarm systems with an electric fence as defined herein, and heat and smoke sensors installed within a burglar alarm system; a burglar alarm system detects intrusion, burglary, and breaking or entering but does not include home health care signaling devices. (7) "Contractor" means an entity licensed to engage in the burglar or fire alarm system business. (8) "Customer service personnel" means an individual working for a licensed alarm entity who provides support for customer problems, complaints, questions, and concerns involving an alarm system. (9) "Department" means the Department of Labor, Licensing and Regulation. (10) "Electric fence" means an electrified fence with a height not to exceed ten feet or two feet higher than the perimeter fence, whichever is higher, that is equipped with an energizer, driven by a commercial storage battery that does not exceed twelve volts DC. The electric charge produced by the fence upon contact must meet and may not exceed energizer characteristics that are tested against the International Electrotechnical Commission Standard. No electric fence shall be installed or used unless it is surrounded by a nonelectrical fence or wall that is not less than five feet high. Electric fences shall be permitted on any property that is not zoned exclusively for residential use. Electric fences shall be clearly identified with warning signs that read: "Warning—Electric Fence" at intervals of not more than sixty feet. "Electric fence" does not mean an electrified fence erected for agricultural or wildlife habitat management purposes. (11) "Entity" means a sole proprietorship, partnership, limited liability partnership, limited liability company, association, joint venture, cooperative, corporation, or other legal entity authorized by law and approved by the board. (12) "Fire alarm system business" means an individual, firm, association, partnership, corporation, or other legal entity authorized by law and approved by the board that designs, installs, services, maintains, or alters fire alarm systems. (13) "Individual" means a natural person. (14) "Installs" means activity or work which involves the set-up, installation, or connection of alarm system equipment in any manner to a client's property. (15) "Licensee" means an alarm business that has been issued a license by the board pursuant to this chapter. (16) "Monitoring personnel" means an individual who performs daily office functions, observing the operation and activation of alarm systems from a monitoring station. (17) "Primary qualifying party" means a qualifying party who is an owner, partner, or officer of a burglar alarm system business, or a full-time employee holding a managerial or supervisory position within the alarm system business and who qualifies the licensee to engage in the burglar or fire alarm business and is registered as a qualifying party with the department in accordance with this chapter. (18) "Qualifying party" means an individual, owner, partner, officer, or employee of an alarm system business who has met the necessary requirements of a qualifying party and is registered with the department in accordance with this chapter. (19) "Registered" means an owner, partner, principle officer, qualifying party, or registered employee of an alarm business whose name and address has been listed or registered with the department as an individual who has access to a client's property or burglar alarm records that can reveal, but not be limited to, the type of burglar alarm system, burglar alarm security numbers or code, or any other information pertaining to the system that could compromise the client's burglar alarm system. This includes individuals who sell, install, or service a burglar alarm system at a client's residence and a full-time employee. Also included is a part-time employee that has access to customers' records or files. (20) "Registered employee" means an individual of an alarm system business who has not met the requirements of a qualifying party and is employed more than thirty days in any given calendar year and is registered with the department in accordance with this chapter. Editor's Note Prior Laws:1986 Act No. 512, SECTION 3; 1987 Act No. 175, SECTION 1; 1992 Act No. 360, SECTION 2; 1993 Act No. 15, SECTION 1; 1994 Act No. 515, SECTION 1; 1994 Act No. 518, SECTION 1; 1976 Code SECTION 40-79-30. Effect of Amendment 2019 Act No. 31, SECTION 1, deleted the (A) identifier at the beginning; redesignated (16) as (1) and made a nonsubstantive change; redesignated (1) as (2); (19) as (3) and made nonsubstantive changes; redesignated (2) to (5) as (4) to (7); in (6), inserted ", including burglar alarm systems with an electric fence as defined herein,"; redesignated (18) as (8); redesignated (6) as (9); inserted (10), relating to the definition of "Electric fence"; redesignated (7) to (11) as (11) to (15); redesignated (17) as (16) and made nonsubstantive changes; and redesignated (12) to (15) as (17) to (20).
S.C. Code Ann. § 40-63-560 — SC Code / Title 40 / Chapter 63 / Article 3 / Section 40-63-560
SECTION 40-63-560. Active duty military personnel and spouses; home state.
Status: in_force

Active duty military personnel, or their spouse, shall designate a home state where the individual has a current license in good standing. The individual may retain the home state designation during the period the service member is on active duty. Subsequent to designating a home state, the individual may only change their home state through application for licensure in the new state, or through the process outlined in Section 40-63-550. Editor's Note 2025 Act No. 66, SECTION 1, provides as follows: "SECTION 1. This act may be cited as the 'Social Work Interstate Compact Act.'"
S.C. Code Ann. § 40-55-55 — SC Code / Title 40 / Chapter 55 / Article 1 / Section 40-55-55
SECTION 40-55-55. Licensure requirement.
Status: in_force

It is unlawful for a person to engage in the practice of psychology in this State without obtaining a license from the board, except as otherwise authorized by this chapter.
S.C. Code Ann. § 40-69-280 — SC Code / Title 40 / Chapter 69 / Article 1 / Section 40-69-280
SECTION 40-69-280. Abandoned animals; notice to owner.
Status: in_force

(A) An animal is considered abandoned when the animal has been placed in the custody of a licensed veterinarian for boarding, treatment, or other care and is unclaimed by its owner or the owner's agent and the owner or the owner's agent has not paid the charges for the boarding, treatment, or other care within ten days of notice of these charges being provided to the owner or the owner's agent in accordance with this section and no other payment agreement with the owner or the owner's agent has been reached. (B) The notice required in subsection (A) must be given to the owner of the animal or the owner's agent at his last known address by registered mail or by certified mail, return receipt requested, and must contain a statement that if the animal is not claimed and if the charges are not paid within ten days after receipt of the notice, the animal may be sold, donated, turned over to the nearest humane society or animal shelter or otherwise disposed of as the person having custody of the animal considers proper. (C) The owner of an abandoned animal is deemed to have relinquished all rights and claims to the animal by virtue of the abandonment. (D) Providing notice to the owner or the owner's agent pursuant to this section relieves the custodian of the animal of any liability for the sale, donation, euthanasia, or other disposal of the animal.
S.C. Code Ann. § 40-47-150 — SC Code / Title 40 / Chapter 47 / Article 1 / Section 40-47-150
SECTION 40-47-150. Surrender of license; public disclosure.
Status: in_force

A licensee under investigation for a violation of this chapter or a regulation promulgated pursuant to this chapter voluntarily may surrender the license to practice in accordance with and subject to the provisions of Section 40-1-150. A person whose license is voluntarily surrendered may not practice or represent oneself to be authorized to practice until the board takes final action in the pending disciplinary matter. The voluntary surrender of the license is subject to public disclosure in accordance with Chapter 4 of Title 30. The board may credit the time that an authorization has been surrendered toward any period of suspension or other restriction of practice.
S.C. Code Ann. § 40-53-140 — SC Code / Title 40 / Chapter 53 / Section 40-53-140
SECTION 40-53-140. Display of license.
Status: in_force

A license or duplicate license must be prominently displayed at the place of business of the polygraph examiner or at the place of internship. Each license shall be signed by the Chief of the Division and shall be issued under the seal of the Division.
S.C. Code Ann. § 40-79-150 — SC Code / Title 40 / Chapter 79 / Section 40-79-150
SECTION 40-79-150. Voluntary surrender of license.
Status: in_force

A license under investigation for a violation of this chapter or a regulation promulgated under this chapter may voluntarily surrender the license in accordance with Section 40-1-150.
S.C. Code Ann. § 40-38-370 — SC Code / Title 40 / Chapter 38 / Section 40-38-370
SECTION 40-38-370. Persons excepted from application of chapter.
Status: in_force

This chapter does not apply to: (1) physicians licensed in this State for the practice of medicine or osteopathy; (2) optometrists licensed under the laws of this State to practice optometry; or (3) persons who sell as merchandise from an established place of business ready-made eyeglasses or spectacles if the person does not aid the purchaser in the fitting of the eye glasses or spectacles.
S.C. Code Ann. § 40-35-210 — SC Code / Title 40 / Chapter 35 / Section 40-35-210
SECTION 40-35-210. Injunctive relief.
Status: in_force

The department, at the written request of the board and in accordance with Chapter 1, may petition an administrative law judge, in the name of the State, for injunctive relief against a person violating this chapter. Editor's Note Prior Laws:1997 Act No. 66, SECTION 1.
S.C. Code Ann. § 40-38-260 — SC Code / Title 40 / Chapter 38 / Section 40-38-260
SECTION 40-38-260. Annual renewal of licenses and registrations; fees; revocation for default; reinstatement; continuing education requirements.
Status: in_force

(A) A licensed optician or registered apprentice who desires to continue to be licensed or registered in this State annually, on or before the first day of October, shall pay a renewal fee, to be established by the board in regulation and in accordance with Section 40-1-50(D). In case of default in payment of the fee, the person's license or registration is automatically revoked if the board gives the licensee thirty days' notice in writing before the effective date of revocation. Deposit of the notice in the United States Postal Service addressed to the person at the person's last place of residence or business, registered with the board, with postage prepaid, constitutes legal service of the notice. No license or registration may be revoked for nonpayment of the renewal fee if within the thirty-day notice period the person pays a renewal fee and a penalty established by the board in regulation. A person whose license or registration has been revoked for failure to pay the renewal fee may apply to have it reinstated upon payment of all renewal fees and a penalty as established by the board in regulation. If the license or registration has been lapsed for more than two years, the person shall appear before the board, which shall determine if the license or registration should be reinstated and the terms under which the reinstatement is to be made. A person holding a license or registration in South Carolina not practicing in this State who wishes to keep the license or registration current, annually may pay an inactive license or registration fee established by the board in regulation. If the person decides to resume practice in this State, the person shall pay the fee being charged active practitioners in South Carolina at that time. (B) An optician or apprentice annually shall attend a minimum of four hours of continuing education courses or meetings, one hour of which may be in office management or administration. The instruction must be on subjects relative to opticianry at board-approved and recognized educational seminars and courses or accredited institutions of learning. An optician holding a contact lens license must obtain one additional hour of continuing education courses or meetings, which must be in contact lens education at board-approved and recognized educational seminars and courses or accredited institutions of learning. Satisfactory proof of compliance with this subsection is a prerequisite for annual renewal. Editor's Note Prior Laws:1982 Act No. 396, SECTION 1; 1976 Code SECTION 40-38-180.
S.C. Code Ann. § 40-7-320 — SC Code / Title 40 / Chapter 7 / Section 40-7-320
SECTION 40-7-320. Barbershops to be registered; posting of copy of inspection rating and regulations.
Status: in_force

(A) A barbershop must be registered with the board. Applications for registration and inspection of new shops must be made at least fifteen working days before opening the shop. No new shop may be operated until all fees are paid and the shop has passed inspection. (B) A copy of the inspection rating and copy of the regulations for the sanitary management of a barbershop, as provided for in Section 40-7-60, must be posted in a conspicuous place in each barbershop or barber school. Editor's Note Prior Laws:1937 (40) 339; 1942 Code SECTION 5250-46; 1952 Code SECTION 56-268; 1962 Code SECTION 56-268; 1976 Code SECTION 40-7-190.
S.C. Code Ann. § 40-5-510 — SC Code / Title 40 / Chapter 5 / Article 7 / Section 40-5-510
SECTION 40-5-510. Removal, suspension, and imprisonment of attorneys for contempt or disorderly conduct.
Status: in_force

Attorneys, solicitors and counsellors may be removed or suspended and also, in aggravated cases, imprisoned, not exceeding twenty-four hours, by the several courts in which they have been admitted to practice, if, in the presence of such court, they are guilty of any disorderly conduct causing an interruption of business or amounting to an open and direct contempt to the court, its authority or person.
S.C. Code Ann. § 40-55-50 — SC Code / Title 40 / Chapter 55 / Article 1 / Section 40-55-50
SECTION 40-55-50. Acts constituting practice as psychologist.
Status: in_force

(A) A person practices as a psychologist within the meaning of this chapter when that person holds himself or herself out as a psychologist or applies the principles, methods, or procedures of psychology in the conduct of any of the following activities: (1) Assessment of individual, family, or group behavioral, emotional, and/or intellectual functioning for the purpose of one or more of the following: (a) diagnosing mental disorders; (b) identifying psychological or neuropsychological aspects of other dysfunctions, diseases, or disabilities; (c) evaluating mental or emotional status including intelligence and aptitude; (d) identifying personality characteristics; (e) identifying psychological factors influencing well-being; (f) selecting, placing, or referring into treatments, programs, or settings; (g) evaluating the effectiveness of treatments, programs, or settings; (h) preventing mental disorders or maladaptive behavior related to other dysfunction, disease, or disability. For purposes of this section, "assessment" refers to, but is not limited to, one or more of the following practices insofar as they involve the application of psychological principles, methods, or procedures: observation, description, testing, appraisal, evaluation, screening, test interpretation, interviewing, diagnosis of mental disorders, neuropsychological testing, psychological testing or evaluation or psycho-educational testing or evaluation, or a combination of any of these for any of the purposes identified in this item. (2) Engaging in a therapeutic relationship with an individual, family, or group for the purpose of one or more of the following: (a) improving the quality of mental health or social adjustment, or both; (b) reducing, preventing, modifying, or eliminating maladaptive or undesired behaviors, cognitions, emotions, or psychological or physical characteristics; (c) treating diagnosed mental disorders, whether treatment is focused on behavioral manifestations of the disorder, the environmental context of the disorder, or underlying causal processes; (d) improving individual performance; (e) modifying cognitions, emotions, or behaviors, or a combination of these, in order to influence psychological well-being; (f) psychological research; or (g) any combination of subitems (a) through (f). For purposes of this section, a "therapeutic relationship", except as provided for in Section 40-55-90, refers to, but is not limited to, one or more of the following practices insofar as they involve the application of psychological principles, methods, or procedures: psychotherapy, psychoanalysis, therapy, family therapy, marital therapy, couples therapy, play therapy, counseling, rehabilitation, intervention, hypnotherapy, biofeedback, behavior therapy, behavior modification, psychological counseling, human potential psychology, vocational counseling, school counseling, growth psychology, alcohol or substance abuse counseling, or both, or remediation, or a combination of any of these for any of the purposes identified in this item. (3) Engaging in a psychological consulting relationship with an individual organization, group or community, or a combination of these, for the purpose of: (a) designing or delivering psychological programs or services, or both; (b) evaluating psychological programs or services. For purposes of this section a "psychological consulting relationship" refers to, but is not limited to, one or more of the following practices insofar as they predominately involve the application of psychological principles, methods, or procedures: consulting, intervention, program evaluation, organizational psychology, environmental psychology, community psychology, and experimental psychology. (B) A person not otherwise exempt from this chapter is engaged in the practice of psychology when performing any of the activities enumerated in subsection (A), regardless of whether or not payment is received for the services. Specifically excluded from psychological practice within the meaning of this chapter are the physical, chemical, and nonbehavioral aspects of Chapter 47. Nothing in this chapter shall prohibit or limit a licensed physician in the practice of his profession as provided by law. (C) A person is deemed to be practicing as a psychologist within the meaning of this chapter if the person engages in any of the activities enumerated in subsection (A) electronically within this State including, but not limited to, by means of the internet, phone lines, and personal computer modems.
S.C. Code Ann. § 40-69-20 — SC Code / Title 40 / Chapter 69 / Article 1 / Section 40-69-20
SECTION 40-69-20. Definitions.
Status: in_force

As used in this chapter, unless the context clearly indicates otherwise: (1) "Animal" means an animal that is not a human and includes fowl, birds, reptiles, and fish which are wild or domestic, living or dead. (2) "Board" means the South Carolina State Board of Veterinary Medical Examiners. (3) "Direct supervision" means that a veterinarian currently licensed to practice veterinary medicine in this State is available on the premises and within immediate vocal communication of the supervisee. (4) "Emergency clinic" means a facility having as its primary function the receiving, treatment, and monitoring of emergency patients during its specified hours of operation. (5) "Emergency hospital" means a facility whose primary function is the receiving, treatment, and monitoring of emergency patients during its specified hours of operation and includes the confinement of emergency patients. (6) "Immediate supervision" means that a licensed veterinarian is within direct eyesight and hearing range. (7) "Indirect supervision" means the supervising licensed veterinarian is available for immediate voice contact by telephone, radio, or other means, and shall provide consultation and review of cases at the veterinary facility. (8) "Investigative Review Committee" (IRC) means an investigative review panel appointed by the board chairman, in consultation with the other members of the board. The IRC must be comprised of four members who are former board members or other experienced licensed veterinarians. The board chairman must appoint the Chairman of the IRC. Veterinarian members of the IRC must have a current license issued pursuant to this chapter to be eligible to serve. The IRC shall review any complaint against a licensed veterinarian or veterinary technician and make a recommendation as to whether the board should proceed with formal action. The board must consider the recommendation of the IRC, but the final determination whether to proceed with formal action must be made by the board. (9) "License" means any permit, approval, registration, or certificate issued by the board. (10) "Licensed veterinarian" means a person who is licensed pursuant to this chapter to practice veterinary medicine in this State. (11) "Licensed veterinary technician" means a person who has received a degree in animal health technology from an American Veterinary Medical Association accredited school offering a program in animal health technology and who has been licensed to practice in this State. This person must be knowledgeable in the care and handling of animals, in the basic principles of normal and abnormal life processes, and in routine laboratory and clinical procedures. The performance of the licensed veterinary technician must be under the supervision of a veterinarian licensed to practice in this State. (12) "Mobile facility" means a vehicle with special medical or surgical facilities or a vehicle suitable only for making house or farm calls. (13) "Practice of veterinary medicine" means to: (a) diagnose, prescribe, or administer a drug, medicine, biologic, appliance, or application or treatment of whatever nature for the cure, prevention, or relief of a wound, fracture, or bodily injury or disease of an animal; (b) perform a surgical operation, including cosmetic surgery, upon an animal; (c) perform a manual procedure for the diagnosis or treatment for sterility or infertility of an animal, including embryo transplants; (d) offer, undertake, represent, or hold oneself out as being qualified to diagnose, treat, operate, or prescribe for an animal disease, pain, injury, deformity, or physical condition; (e) use words, letters, or titles in such connection or under such circumstances as to induce the belief that the person using them is engaged in the practice of veterinary medicine. (14) "School of veterinary medicine" means a veterinary school or college that offers the D.V.M. or equivalent degree and whose course of study conforms to the standards required for accreditation by the American Veterinary Medical Association and approved by the board. (15) "Telemedicine" is an audio, video, or data communication of medical information. (16) "Temporary license" means temporary permission to practice veterinary medicine or animal technology issued pursuant to this chapter. (17) "Therapeutic options or alternate therapies" means, but is not limited to, the veterinary practice of acupuncture, manipulation and adjustment, magnetic field therapy, holistic medicine, homeopathy, herbology/naturopathy, massage, and physical therapy. (18) "Veterinarian" means a person who has received a doctor's degree or equivalent in veterinary medicine. (19) "Veterinary aide" means a nurse, attendant, intern, technician, or other employee of a veterinarian, other than a licensed veterinary technician. (20) "Veterinary medicine" includes veterinary surgery, obstetrics, dentistry, and all other branches or specialties of veterinary medicine. (21) "Veterinary student preceptee" means a person who is a student enrolled and in good standing in a recognized college of veterinary medicine. The student's presence in a practice may be as part of a normal preceptorship program of the college or as an informal arrangement between the student and a veterinarian licensed by the board. Editor's Note Prior Laws:1962 Code SECTION 56-1552; 1974 (58) 2769; 1984 Act No. 457.
S.C. Code Ann. § 40-30-90 — SC Code / Title 40 / Chapter 30 / Section 40-30-90
SECTION 40-30-90. Construction of chapter; practitioners licensed in other jurisdictions; massage therapy establishment license.
Status: in_force

(A) This chapter shall not be construed to apply to or restrict: (1) a currently enrolled student from engaging in the practice of massage therapy, provided that the practice, conduct, activities, or services are part of a required course of study and that the currently enrolled student clearly identifies himself as a student. A currently enrolled student shall not be compensated for work experience and must be supervised on site by a licensed massage therapy supervisor; (2) student clinics operated by an approved massage therapy school or an approved massage therapy education program; (3) an unlicensed individual from providing massage therapy services related to the domestic care of any family member or household member, as long as the individual does not offer, hold out, or claim to be a massage therapist and does not receive compensation for the massage therapy services; (4) an individual currently licensed and in good standing to practice massage therapy in another jurisdiction from engaging in the practice of massage therapy in this State on a temporary basis during a professional event for a period of no more than thirty days, or no longer than the time period of the event, whichever is less, provided that: (a) the individual must submit a written application prior to engaging in the temporary practice of massage therapy pursuant to this item, in a manner prescribed by the board. Upon the board's approval, the individual may engage in the practice of massage therapy on a temporary basis; and (b) any temporary practice beyond thirty days requires a massage therapist license, pursuant to this chapter; or (5) an individual currently licensed and in good standing to practice massage therapy in another jurisdiction from engaging in the practice of massage therapy if the individual is responding to a disaster or emergency declared by the appropriate authority or the Governor of this State. An individual practicing massage therapy pursuant to this item must provide notice to the board in a manner prescribed by the board prior to providing massage therapy services in this State and is only eligible to practice during the time of the declared emergency. (B) Individuals engaging in the practice of massage therapy in this State under subsection (A)(4) or (5) are deemed to have submitted to the jurisdiction of the board and are bound by the applicable laws and regulations of this State. (C) While a practitioner licensed in another jurisdiction may participate in a continuing education program in this State, he is not authorized to practice massage therapy on the general public without proper approval or licensure from the board. (D) The following facilities and practices that employ licensed massage therapists, or that engage licensed massage therapists on an independent contractor basis, are not required to obtain a massage therapy establishment license, or a sole practitioner establishment license: (1) hospitals and long-term health care facilities that are subject to a licensing regime, a supervising authority, or an agency with jurisdiction over the hospital's or facility's operation or licensing; (2) a chiropractor licensed by the South Carolina Board of Chiropractic Examiners; (3) a medical doctor or an osteopath licensed by the South Carolina Board of Medical Examiners; and (4) a physical therapist licensed by the South Carolina Board of Physical Therapy. Editor's Note Prior Laws: Former SECTION 40-30-90 was titled Annual report, and had the following history: 1986 Act No. 467, SECTION 3; 1996 Act No. 387, SECTION 1; 2013 Act No. 41, SECTION 3, eff June 7, 2013;
S.C. Code Ann. § 40-43-140 — SC Code / Title 40 / Chapter 43 / Section 40-43-140
SECTION 40-43-140. Grounds for suspension, revocation, denial, or refusal of board to renew permit or imposition of disciplinary action; penalties for persons distributing or delivering drugs or devices not in accordance with this chapter.
Status: in_force

(A)(1) The board may suspend, revoke, deny, or refuse to renew the permit of a permittee or impose disciplinary action authorized by this chapter for: (a) violations of any of the provisions of this chapter or any regulations promulgated pursuant to this chapter; (b) retaining as an employee a person who wilfully or habitually violates any of the state or federal laws applicable to a permitted facility or its operation. (2) A person who distributes or delivers drugs or devices to a person not permitted in accordance with this chapter is subject to a fine to be imposed by the board not to exceed one thousand dollars for each offense in addition to such other disciplinary action the board may take under this chapter. Each violation constitutes a misdemeanor punishable by a fine not to exceed five thousand dollars or imprisonment not to exceed one year, or both. (3) Facilities requiring permits may not operate unless a permit has been issued by the board. (4) Except where otherwise allowed by law, it is unlawful for a manufacturer or a wholesale distributor to distribute or deliver drugs or devices to any person in this State not permitted under this chapter. (a) conviction for a violation of any federal, state, or local law relating to the practice of pharmacy, drug samples, wholesale or retail drug or device distribution, or illegal use of or distribution of controlled substances; (b) the furnishing of false or fraudulent material in any application made in connection with drug or device manufacturing or distribution; (c) suspension or revocation by federal, state, or local government of any permit or license currently or previously held by the applicant for the manufacture or distribution of any drugs or devices, including controlled substances; (d) obtaining remuneration by fraud, misrepresentation, or deception; (e) dealing with drugs or devices that they know or should have known are stolen drugs or devices. Editor's Note Prior Laws:1925 (34) 32; 1932 Code SECTION 5174; 1942 Code SECTION 5174; 1952 Code SECTION 56-1322; 1962 Code SECTION 56-1322; 1981 Act No. 120, SECTION 5; 1976 Code SECTION 40-43-260.
S.C. Code Ann. § 40-18-70 — SC Code / Title 40 / Chapter 18 / Section 40-18-70
SECTION 40-18-70. Private Investigation License; applications; bond; renewal; display of license; qualifications of licensee; contract; reports to clients; arrest of licensee; inspections of business records; prior licensees.
Status: in_force

(A) A person who desires to operate a private investigation business in this State must apply for a Private Investigation License from SLED and pay an annual license fee which must be set by SLED regulation. (1) If the applicant is an association or corporation, the chief executive officer of the association or corporation must be the applicant or must designate in writing the corporate officer or principal who is the applicant. (2) If the applicant is a partnership, all partners must complete an application form. (3) The application for license must be made, under oath, on a form approved by SLED. The application must state the applicant's full name, age, date and place of birth, current residence address, residence addresses for the past ten years, employment for the past ten years, including names and addresses of employers, the applicant's current occupation with the name and address of the current employer, the date and place of any arrests, any convictions for violations of federal or state laws, excluding traffic violations, and any additional information as SLED requires. Each applicant must submit with the application one complete set of the applicant's fingerprints on forms specified and furnished by SLED and one color photograph of the applicant's full face, without head covering, taken within six months of the application. (B) The applicant must post a ten thousand dollar bond with SLED in a form approved by the Attorney General in favor of the State. The bond must be issued by a surety insurer licensed to transact surety insurance in this State. The surety on the bond may cancel the bond upon giving thirty days' notice to SLED and is relieved of liability for a breach of condition after the effective date of cancellation. (C) Upon receiving the application, bond, and license fee and upon satisfaction after investigation of the competency and integrity and qualifications of the applicant, SLED must grant a license to the applicant to conduct the private investigation business stated in the application. Licensure is for one year and application for renewal must be on a form approved by SLED. The initial and annual renewal license fee for conducting a private investigation business must be set by regulation. (D) Issuance of a license authorizes the licensee to engage in the private investigation business and to operate branch offices. Immediately upon receipt of the license certificate issued by SLED pursuant to this chapter, the licensee must post and at all times display the license in a conspicuous place at his primary place of business. A copy or duplicate of the license certificate must be conspicuously posted at each branch office. The licensee must immediately notify SLED of the address of each branch office opened or closed. (E) SLED may issue a license to a person who: (1) is at least twenty-one years of age; (2) has a high school diploma or equivalent; (3) is a citizen of the United States; (4) has not been convicted of a felony or a crime involving moral turpitude; (5) is of good moral character; (6) does not unlawfully use drugs; (7) does not use alcohol to such a degree as to affect adversely his ability to perform competently the duties of a private investigator, has not been adjudicated an incapacitated person without being restored to legal competency, and who has no physical or mental impairment which would prevent him from competently performing the duties of a private investigator; (8) has not been discharged from the military service with other than an honorable discharge; (9) has at least three years' experience: (a) as a private investigator employed by a licensed private investigation agency; (b) as an investigator for a law firm, a government agency, a private corporation, a nonprofit organization, or in a capacity that SLED determines has provided the requisite investigative experience; or (c) as a sworn officer with a federal, state, county, or municipal law enforcement agency. (F) A private investigator licensed under this chapter must, prior to commencement of services or investigation ordered by a client, secure a contract signed by the client and the private investigator, on a form approved by SLED, describing in detail the services to be provided, fees to be charged, and an understanding by both parties concerning delivery of the written report. A client may waive the right to a written contract by signing a form approved by SLED. (G) A private investigator licensed under the provisions of this chapter must provide to each client, in compliance with the contract describing the investigation or other services, and within a reasonable time of the conclusion of contracted work, a written report accurately detailing hours worked, activities accounting for time charged, and results of an investigation. This requirement is satisfied if the private investigator maintains in his files a waiver of written report signed by a client. (H) A private investigator licensed under the provisions of this chapter must maintain for a period of three years copies of all written service contracts and investigation reports. (I) Evidence of criminal activity discovered by a licensed or registered private investigator must be immediately reported to the Chief of SLED. (J) A licensee who is arrested must report the custodial arrest to SLED within seventy-two hours of the arrest. (K) Licensees must make business records available during normal business hours for inspection by the Chief of SLED or his designee. (L) A person initially licensed as a private investigator before the effective date of this section, and who has maintained his license, is not required to meet the requirements contained in subsections (E)(1), (4), and (8).
S.C. Code Ann. § 40-13-115 — SC Code / Title 40 / Chapter 13 / Section 40-13-115
SECTION 40-13-115. Jurisdiction of board.
Status: in_force

The board has jurisdiction over the actions of licensees and former licensees as provided for in Section 40-1-115.
S.C. Code Ann. § 40-42-10 — SC Code / Title 40 / Chapter 42 / Section 40-42-10
SECTION 40-42-10. Definitions.
Status: in_force

As used in this title unless the context requires a different meaning: (1) "Licensing board" means the licensing board that is responsible for licensing or disciplining an individual who provides health care pursuant to this title. (2) "Health care" means any care, treatment, service, assessment, counsel, education, or procedure to maintain, monitor, diagnose, or otherwise affect an individual's physical or mental illness, injury, or condition. (3) "Licensee" means a professional licensed by a licensing board and authorized to practice health care pursuant to this title. (4) "Scope of practice" means the extent of a licensee's authority to provide health care. The term includes a condition on authority imposed by the licensee's practice act or licensing board, including but not limited to the requirement to perform telehealth pursuant to a practice agreement as defined in Section 40-33-20(45) or within written scope of practice guidelines under physician supervision pursuant to Section 40-47-935. (5) "Telehealth" means the use of electronic communications, information technology, or other means to deliver clinical health care, patient and professional health-related education, public health, or health administration between a licensee in one location and a patient in another location with or without an intervening licensee. (6) "Unprofessional conduct" means an act 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 licensee's respective board or a specialty.
S.C. Code Ann. § 40-18-100 — SC Code / Title 40 / Chapter 18 / Section 40-18-100
SECTION 40-18-100. Security Weapons Permits; Security Concealed Weapons Permits.
Status: in_force

(A) SLED may grant a Security Weapons Permit to carry a particular type of firearm to a person who is at least twenty-one years of age, is eligible to possess firearms, and is licensed or registered as a security officer. Application for the permit must be made on forms approved by SLED and the fee must be set by SLED regulation. An applicant must submit with the application one complete set of the applicant's fingerprints on forms specified or furnished by SLED. Fingerprint cards submitted to SLED pursuant to this section must be used to facilitate a national criminal records check, as required by Section 40-18-30. The permit is for one year and application for renewal must be on a form approved by SLED. The permit renewal must specifically reauthorize the type of firearm to be used by the permittee. (B) No person may be issued a Security Weapons Permit and no permit may be renewed until the applicant or registered person has presented to SLED proof of proficiency, as determined by SLED, in the use of the type of firearm issued or authorized by his employer. (C) A person issued a Security Weapons Permit in accordance with this section may only carry a firearm in an open and fully-exposed manner while in uniform and performing security duties or while in a vehicle enroute directly to or from a security post or place of assignment. (D) SLED in its discretion may issue a Security Concealed Weapons Permit to a registered security officer to carry, whether concealed or not, a firearm about his person, even though he is not in uniform or on duty if SLED determines that the additional permit would enable the permittee to better perform his assigned duties. The authority conveyed by the permit may be restricted by SLED, and violation of these restrictions constitutes a violation of Section 40-18-130.
S.C. Code Ann. § 40-39-55 — SC Code / Title 40 / Chapter 39 / Section 40-39-55
SECTION 40-39-55. Periodic dollar amount adjustments.
Status: in_force

(A) Effective July 1, 2021, and each fifth July first thereafter, the dollar amounts in Section 40-39-50(A)(1) and the dollar amounts concerning loans in Section 40-39-100 must be adjusted by the department to reflect the percentage change for the five-year period in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor. (B) The administrator shall publish a notice in the State Register of the changes in dollar amounts before May first of each year in which dollar amounts are to change. A person must not be considered to violate the provisions of this chapter with respect to a transaction otherwise complying with those provisions if he relies on dollar amounts appearing in the last notice of the administrator announcing the dollar amounts current at that time. (C) The dollar amounts may not change more than ten percent for each adjustment period. (D) The dollar amounts in Section 40-39-50(A)(1) and Section 40-39-100(C) are subject to change in accordance with this section.
S.C. Code Ann. § 40-6-300 — SC Code / Title 40 / Chapter 6 / Section 40-6-300
SECTION 40-6-300. Trust or escrow accounts; bank name and account number as requirement for issuance or renewal of license; notification of changes; records of transactions.
Status: in_force

(A) A licensee who handles the proceeds of an auction shall maintain a trust or escrow account with an insured bank or savings and loan association and shall deposit in this account within three business days all funds received for the benefit of another person, unless otherwise required by law or the owner or consignor of the property auctioned is paid within three business days. (B) Upon issuance or renewal of a license, the licensee must provide the commission with the name of the bank and the account number of the trust or escrow account in which the funds of others are maintained and authorization permitting the examination of the account by the commission or its authorized representative, unless the licensee has provided certification to the commission that funds are paid within three business days. A licensee must notify the commission by certified mail, return receipt requested, of a change of bank, account number, or location of the trust or escrow account and, at that time, shall complete the required authorization for examination of the account by the commission or its authorized representative. (C) A licensed auctioneer or licensed apprentice auctioneer in this State who works directly for a licensed auction firm or who works directly for another licensed auctioneer who maintains an active escrow account may use that escrow account and number in all applications for licensure or renewal, if the escrow account is used solely for the purpose of holding funds of others in relation to auctions. (D) A licensee shall maintain complete records for at least three years showing the deposit, maintenance, and withdrawal of trust or escrow funds. These records must be open for inspection by the commission or its designated agent periodically, upon request, and without prior notice. Editor's Note Prior Laws:1993 Act No. 155, SECTION 2; 1976 Code SECTION 40-6-155.
S.C. Code Ann. § 40-57-730 — SC Code / Title 40 / Chapter 57 / Article 7 / Section 40-57-730
SECTION 40-57-730. Licensure after revocation.
Status: in_force

(A) Unless the revocation is expressly made permanent as provided for in Section 40-1-120, after revocation of a license, a person may not reapply for three years from the date of revocation. (B) An individual seeking licensure after revocation shall: (1) appear before the commission in order for the commission to evaluate the individual's competency and fitness to transact the business of a real estate licensee; and (2) meet all applicable educational examination and experience requirements that apply to individuals applying for a license who have never been licensed. Effect of Amendment 2024 Act No. 204, SECTION 3, rewrote the section.
S.C. Code Ann. § 40-1-20 — SC Code / Title 40 / Chapter 1 / Article 1 / Section 40-1-20
SECTION 40-1-20. Definitions.
Status: in_force

As used in this title unless the context requires a different meaning: (1) "Administrator" means the individual to whom the director has delegated authority to administer the programs of a specific board or of a professional or occupational group for which the department has regulatory authority or has delegated authority to administer the programs of a specific board; (2) "Authorization to practice" or "Practice authorization" means the approval to practice the specified profession, engage in the specified occupation, or use a title protected under this article, which has been granted by the applicable board. This authorization is granted in the form of a license, permit, certification, or registration; (3) "Board" or "Commission" means the group of individuals charged by law with the responsibility of licensing or otherwise regulating an occupation or profession within the State. Except as otherwise indicated, "board" is used in this article to refer to both boards and commissions; (4) "Department" means the Department of Labor, Licensing and Regulation; (5) "Director" means the Director of the Department of Labor, Licensing and Regulation or the director's official designee; (6) "Licensee" means a person granted an authorization to practice pursuant to this article and refers to a person holding a license, permit, certification, or registration granted pursuant to this article; (7) "Licensing act" means the individual statute or regulations, or both, of each regulated profession or occupation which include, but are not limited to, board governance, the qualifications and requirements for authorization to practice, prohibitions, and disciplinary procedures; (8) "Person" means an individual, partnership, or corporation; (9) "Profession" or "occupation" means a profession or occupation regulated or administered, or both, by the department pursuant to this article.
S.C. Code Ann. § 40-41-100 — SC Code / Title 40 / Chapter 41 / Article 1 / Section 40-41-100
SECTION 40-41-100. Penalties.
Status: in_force

If any hawker or peddler sell or expose for sale any goods, wares or merchandise in any county in this State without having obtained a license for that purpose from the clerk of the court of common pleas of the county within which he is exposing for sale or selling such goods, wares and merchandise, as required by law, he shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than fifty dollars or imprisoned in the county jail not more than thirty days.
S.C. Code Ann. § 40-25-90 — SC Code / Title 40 / Chapter 25 / Section 40-25-90
SECTION 40-25-90. Applicants for whom examinations are not required.
Status: in_force

For six months after January 1, 1972, an applicant for a license must be issued one without examination if the applicant: (1) principally has been engaged as a hearing aid specialist for at least two years within a period of five years immediately before January 1, 1972; (2) is a resident of South Carolina and is of good moral character; (3) is twenty-one years of age or older; (4) is free of contagious or infectious disease.
S.C. Code Ann. § 40-45-240 — SC Code / Title 40 / Chapter 45 / Article 1 / Section 40-45-240
SECTION 40-45-240. Licensure without examination.
Status: in_force

(A) The board may license as a physical therapist or as a physical therapist assistant, without examination, on the payment of the applicable fee, an applicant who is a physical therapist or physical therapist assistant licensed under the laws of another state or territory, if the requirements for licensure in that state or territory were at the date of licensure equivalent to the requirements in effect at the time of application in this State. (B) An applicant licensed in another state applying for licensure by endorsement must: (1) submit a completed notarized application form; (2) submit the applicable fee in the form of a check or money order; (3) legal documentation indicating a name change, if applicable; (4) have the official transcript sent directly to the board from the applicant's physical therapy school; (5) submit an evaluation of educational credentials if a graduate of a nonapproved school; (6) have the examination scores reported directly to the board from the Interstate Reporting Service or other recognized examination service; (7) submit an official verification of a current license; (8) submit proof that the applicant can speak, write, and be tested in the English language if English is not the native language of country of origin; (9) submit evidence on a form approved by the board of one thousand clinical practice hours under the on-site supervision of a licensed physical therapist if the applicant is a graduate of a nonapproved school; (10) when applying for initial licensure, submit to a state criminal records check, supported by fingerprints, by the South Carolina Law Enforcement Division and a national criminal records check, supported by fingerprints, by the Federal Bureau of Investigation. The results of these criminal records checks must be reported to the department. The South Carolina Law Enforcement Division is authorized to retain the fingerprints for certification purposes and for notification of the department regarding criminal charges. Costs of conducting a criminal history background check must be borne by the applicant. The department shall keep information received pursuant to this section confidential, except that information relied upon in denying licensure may be disclosed as may be necessary to support the administrative action. The results of these criminal records checks must not be shared outside the department. Editor's Note Prior Laws:1962 Code SECTION 56-1346; 1952 (47) 1967; 1964 (53) 2388; 1971 (57) 405; 1982 Act No. 413, SECTION 12; 1976 Code SECTION 40-45-120. Effect of Amendment 2021 Act No. 6, SECTION 2, in (B), added (10).
S.C. Code Ann. § 40-60-190 — SC Code / Title 40 / Chapter 60 / Article 1 / Section 40-60-190
SECTION 40-60-190. Confidentiality of investigations and proceedings; privileged communications.
Status: in_force

Investigations and proceedings conducted under this chapter are confidential, and all communications are privileged as provided for in Section 40-1-190. Editor's Note Prior Laws:2000 Act No. 335, SECTION 1; 1976 Code SECTION 40-60-200.
S.C. Code Ann. § 40-15-110 — SC Code / Title 40 / Chapter 15 / Article 1 / Section 40-15-110
SECTION 40-15-110. Exemptions from chapter.
Status: in_force

(A) Nothing in this chapter may be construed to prevent: (1) the practice of medicine by a licensed physician or the administration of anesthesia by those persons qualified by law to do so; (2) the performance of official duties by commissioned dental or medical officers of the United States Army, Navy, Air Force, Veterans' Administration, or United States Public Health Service; (3) a person from teaching or demonstrating dentistry or related procedures at a dental society meeting or at a dental convention or at an accredited dental college; (4) a licensed dentist of another state or country from performing duties in connection with a specific case for which he is called into the State by a dentist licensed in this State; (5) dental students from performing dental procedures under the supervision of instructors in any dental school in this State accredited by the commission; (6) licensed dental hygienists or registered dental technicians from teaching in programs accredited by the Commission; (7) a person from making roentgenograms or X-ray exposures under the supervision of a licensed dentist or prevents persons licensed to practice dental hygiene from performing an intra-oral dental hygiene procedure if it is performed under the direction and control of a licensed dentist present on the premises; (8) a person from performing dental or orthodontic technological work if: (a) the intra-oral procedures relative to such work are performed by a licensed dentist; (b) the work is performed by or under the direction and control of a licensed dentist on his premises, or by or under the direction and control of a registered dental or orthodontic technician present on the premises; however, orthodontic work performed under the direction and control of a registered orthodontic technician is limited to orthodontic technological work; and (c) the work is performed pursuant to a properly executed work authorization, as provided for in this chapter, if the work is to be done by or under the direction and control of a registered dental or orthodontic technician. (9) a certified or qualified dental assistant or licensed dental hygienist from taking impressions for dental study casts under the direct supervision of a licensed dentist present on the premises; (10) a licensed dental hygienist employed within or contracted through the public health system from providing education and primary preventive care that is reversible. Primary preventive care and education are defined as promotion and protection of health to avoid the occurrence of disease through community, school, and individual measures or improvements in lifestyle. These services are to be performed under the direction of the Department of Health and Environmental Control State Dental Coordinator or the department's designee but do not require that the director or a licensed dentist be present when any public health dental program services are provided. Public health dental program services include oral screenings using a Department of Health and Environmental Control approved screening system, oral prophylaxis, application of topical fluoride including varnish, and the application of dental sealants. (B) A dentist licensed in another state teaching in a dental college in this State accredited by the commission is exempt from the licensure requirement unless he engages in the intramural or private practice of dentistry. (C) Nothing in this chapter may be construed to require licensure for interns or residents enrolled in an intern or residency training program approved by the commission. (D) Unlicensed personnel in a dental office may perform those tasks as authorized by the board and for which minimal training standards and qualifications are established by regulation. All tasks permitted to be performed by other than licensed personnel must be under the direct supervision of a dentist present on the premises and licensed in this State. (E) The Department of Health and Environmental Control shall target services in a public health setting to under-served populations. A public health setting is defined as a hospital, nursing home, long term care facility, rural or community health clinic, health facility operated by federal, state, county, or local governments, hospice, an educational institution, a bona fide charitable institution, or a mobile delivery program operated in one of these settings under the direction of the Department of Health and Environmental Control. Mobile delivery programs are defined as those that are not confined to a single building and can be transported from place to place. (F) Dental assistants may perform oral screenings utilizing the Department of Health and Environmental Control approved screening system in school and public health settings under direction of the Department of Health and Environmental Control public health dental program. (G) Dental assistants employed within or contracted through the public health system may assist in the delivery of public health dental program services as defined in this section. Program activities are performed under the direction of the Department of Health and Environmental Control State Dental Coordinator or the department's designee but do not require that the coordinator be present when services are performed. (H) Licensed dental hygienists and dental assistants within the public health system may perform other duties authorized by regulations of the State Board of Dentistry.
S.C. Code Ann. § 40-68-90 — SC Code / Title 40 / Chapter 68 / Section 40-68-90
SECTION 40-68-90. Nonresident company or group; restricted license; appointment of entity for receipt of legal process.
Status: in_force

(A) The department may issue a restricted license to a nonresident professional employer organization or professional employer organization group for limited operation within this State under the following conditions if the: (1) applicant's state of residence provides for licensing of professional employer organizations, the applicant is licensed and in good standing in its state of residence, and the applicant's state of residence grants a similar privilege for restricted licensing to professional employer organizations or professional employer organization groups that are residents in South Carolina; (2) applicant does not maintain an office, sales force, or representatives in this State, and it does not solicit clients that are residents in this State; and (3) applicant does not have more than forty leased employees working in this State. (B) An applicant for a restricted license is exempt from the requirements of Section 40-68-40(F). (C) An applicant for a nonresident or restricted license shall file on a form approved by the department an appointment of a recognized and approved entity as its attorney to receive service of legal process issued against it in this State.
S.C. Code Ann. § 40-7-160 — SC Code / Title 40 / Chapter 7 / Section 40-7-160
SECTION 40-7-160. Appeal.
Status: in_force

A person aggrieved by a final action of the board may seek review of the decision in accordance with Section 40-1-160. Editor's Note Prior Laws:1937 (40) 339; 1942 Code SECTION 5250-50; 1952 Code SECTION 56-275; 1962 Code SECTION 56-275; 1993 Act No. 181, SECTION 862; 1976 Code SECTION 40-7-270.
S.C. Code Ann. § 40-30-260 — SC Code / Title 40 / Chapter 30 / Section 40-30-260
SECTION 40-30-260. Voluntary surrender of license.
Status: in_force

(A) A licensee who is under investigation for misconduct, pursuant to Section 40-30-230 or Section 40-30-235, voluntarily may surrender its license to the board, invalidating the license at the time it is surrendered. An individual or establishment that voluntarily surrenders a license may not practice as a massage therapist or operate as a massage therapy establishment or sole practitioner establishment until the board reinstates the license. An individual or an establishment practicing as a massage therapist or operating as a massage therapy establishment or sole practitioner establishment during the period of voluntary license surrender is deemed an unlicensed practitioner or establishment and is subject to the applicable penalties. (B) Surrendering a license must not be considered an admission of guilt in a proceeding held pursuant to this chapter. However, surrendering a license does not preclude the board from imposing conditions on the acceptance of the proffered license or from taking disciplinary action against the licensee. Effect of Amendment The 2013 amendment rewrote the section. 2022 Act No. 151, SECTION 2, rewrote the section.
S.C. Code Ann. § 40-43-150 — SC Code / Title 40 / Chapter 43 / Section 40-43-150
SECTION 40-43-150. Procedures for investigations, hearings, injunctive actions, and disciplinary actions; voluntary surrender of license; appeal.
Status: in_force

(A) Investigations and hearings must be conducted in accordance with the provisions of Section 40-1-80. (B) Restraining orders and cease and desist orders shall be issued in accordance with the provisions of Section 40-1-100. (C) Upon determination by the board that one or more of the grounds for disciplining a licensee or permittee exists, as provided for in Section 40-1-110, the board may, in addition to the actions provided for in Section 40-1-120, impose a fine not to exceed an amount set by the board in regulation. (D) A licensee or permittee who is under investigation for any of the grounds provided for in Section 40-1-110 for which the board may take disciplinary action must voluntarily surrender his license or permit to the board in accordance with Section 40-1-150. (E) A person aggrieved by an action of the board may seek review of the decision in accordance with Section 40-1-160. Editor's Note Prior Laws:1925 (34) 32; 1932 Code SECTION 5174; 1942 Code SECTION 5174; 1952 Code SECTION 56-1322; 1962 Code SECTION 56-1322; 1981 Act No. 120, SECTION 5; 1976 Code SECTION 40-43-260.
S.C. Code Ann. § 40-49-100 — SC Code / Title 40 / Chapter 49 / Article 1 / Section 40-49-100
SECTION 40-49-100. Penalties.
Status: in_force

Any person violating any provision of this article shall be guilty of a misdemeanor and shall, on conviction, be fined not less than five dollars nor more than one hundred dollars for each offense.
S.C. Code Ann. § 40-33-44 — SC Code / Title 40 / Chapter 33 / Article 1 / Section 40-33-44
SECTION 40-33-44. Exceptions to supervision requirements for licensed practical nurses.
Status: in_force

Notwithstanding any other provision of law, requiring the practice of practical nursing to be performed under the direction of an advanced practice registered nurse, registered nurse, licensed physician, or licensed dentist, a licensed practical nurse may provide nursing care authorized for licensed practical nurses under this chapter without the on-site supervision of an advanced practice registered nurse, registered nurse, licensed physician, or licensed dentist in: (1) home or residential settings, if a registered nurse has approved the plan of care; (2) public schools and in institutions and facilities of the Department of Juvenile Justice and Department of Corrections, if the licensed practical nurse follows the policies, procedures, and guidelines of the employing entity and if a registered nurse is available on call by telecommunications.
S.C. Code Ann. § 40-55-80 — SC Code / Title 40 / Chapter 55 / Article 1 / Section 40-55-80
SECTION 40-55-80. Application for license; qualifications of applicants.
Status: in_force

To be licensed as a psychologist a person shall make application to the Board of Examiners in Psychology upon forms and in such manner as prescribed by the board. A candidate for licensure shall furnish the board with: (1) references of individuals having personal knowledge of the candidate's professional experience and competency and the board may not require more than three references unless there are mitigating circumstances; (2) satisfactory evidence that the candidate has obtained a doctoral degree in psychology from: (a) an institution of higher education that is: (i) regionally accredited by an accrediting body recognized by the United States Department of Education; or (ii) authorized by provincial statute or royal charter to grant doctoral degrees; and (b) a program accredited by the American Psychological Association or the Canadian Psychological Association or designated as a psychology program by the designation committee of the National Register of Health Service Providers in Psychology and the Association of State and Provincial Psychology Boards (ASPPB); or (c) an institution of higher education that is: (i) regionally accredited by an accrediting body recognized by the United States Department of Education; or (ii) authorized by provincial statute or royal charter to grant doctoral degrees; and (d) a program that includes at least three years of full-time graduate study not including predoctoral internship as specified in the ASPPB Agreement of Reciprocity and includes instruction in the scientific and professional subject areas specified by the ASPPB Agreement of Reciprocity. Competence must be demonstrated by appropriate course work in each content area as determined by the Board of Examiners in Psychology; (3) satisfactory evidence that the candidate is competent in psychology as shown by passing written and oral examinations as required by the board; (4) satisfactory evidence that the candidate has completed two years of supervised experience as approved by the board and specified in the ASPPB Agreement of Reciprocity; (5) satisfactory evidence that the candidate has not engaged in unethical practices; (6) satisfactory evidence that the candidate has not within the preceding six months failed an examination given by the board; (7) submission to a state criminal records check, supported by fingerprints, by the South Carolina Law Enforcement Division and a national criminal records check, supported by fingerprints, by the Federal Bureau of Investigation. The results of these criminal records checks must be reported to the department. The South Carolina Law Enforcement Division is authorized to retain the fingerprints for certification purposes and for notification of the department regarding criminal charges. 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 these criminal records checks must not be shared outside the department; and (8) documentation of any disciplinary action taken against the applicant while the applicant was participating in a psychology internship program or other psychology-related training program, or during previous psychology-related employment. Effect of Amendment 2022 Act No. 159, SECTION 4, rewrote (7).
S.C. Code Ann. § 40-55-420 — SC Code / Title 40 / Chapter 55 / Article 3 / Section 40-55-420
SECTION 40-55-420. Oversight; dispute resolution; enforcement.
Status: in_force

(A)(1) The executive, legislative, and judicial branches of state government in each compact state shall enforce this compact and take all actions necessary and appropriate to effectuate the compact's purposes and intent. The provisions of this compact and the rules promulgated hereunder shall have standing as statutory law. (2) All courts shall take judicial notice of the compact and the rules in any judicial or administrative proceeding in a compact state pertaining to the subject matter of this compact which may affect the powers, responsibilities, or actions of the commission. (3) The commission shall be entitled to receive service of process in any such proceeding, and shall have standing to intervene in such a proceeding for all purposes. Failure to provide service of process to the commission shall render a judgment or order void as to the commission, this compact or promulgated rules. (B)(1) If the commission determines that a compact state has defaulted in the performance of its obligations or responsibilities under this compact or the promulgated rules, the commission shall: (a) provide written notice to the defaulting state and other compact states of the nature of the default, the proposed means of remedying the default, and any other action to be taken by the commission; and (b) provide remedial training and specific technical assistance regarding the default. (2) If a state in default fails to remedy the default, the defaulting state may be terminated from the compact upon an affirmative vote of a majority of the compact states, and all rights, privileges, and benefits conferred by this compact shall be terminated on the effective date of termination. A remedy of the default does not relieve the offending state of obligations or liabilities incurred during the period of default. (3) Termination of membership in the compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be submitted by the commission to the Governor, the majority and minority leaders of the defaulting state's legislature, and each of the compact states. (4) A compact state which has been terminated is responsible for all assessments, obligations, and liabilities incurred through the effective date of termination, including obligations which extend beyond the effective date of termination. (5) The commission shall not bear any costs incurred by the state which is found to be in default or which has been terminated from the compact, unless agreed upon in writing between the commission and the defaulting state. (6) The defaulting state may appeal the action of the commission by petitioning the U.S. District Court for the State of Georgia or the federal district where the compact has its principal offices. The prevailing member shall be awarded all costs of such litigation, including reasonable attorney's fees. (C)(1) Upon request by a compact state, the commission shall attempt to resolve disputes related to the compact which arise among compact states and between compact and noncompact states. (2) The commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes that arise before the commission. (D)(1) The commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this compact. (2) By majority vote, the commission may initiate legal action in the United States District Court for the State of Georgia or the federal district where the compact has its principal offices against a compact 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 such litigation, including reasonable attorney's fees. (3) The remedies herein shall not be the exclusive remedies of the commission. The commission may pursue any other remedies available under federal or state law. Effect of Amendment 2023 Act No. 35, SECTION 1, in (B)(6), in the first sentence, substituted "Georgia" for "South Carolina"; and in (D)(2), in the first sentence, substituted "Georgia" for "South Carolina".
S.C. Code Ann. § 40-13-10 — SC Code / Title 40 / Chapter 13 / Section 40-13-10
SECTION 40-13-10. State Board of Cosmetology; membership; terms and vacancies; restrictions regarding member duties; advisory committee; members; compensation.
Status: in_force

(A) A State Board of Cosmetology is created composed of seven members appointed by the Governor with the advice and consent of the Senate for terms of four years and until their successors are appointed and qualify. Vacancies are filled in the manner of original appointment for the unexpired portion of the term. Recommendations for appointment may be made by the board and other interested groups or persons. The recommendations must be submitted to the Governor not later than the thirty-first day of December of the year preceding the year in which appointments expire. Four members of the board must be experienced cosmetologists and must have been in the practice of cosmetology in this State for at least five years before appointment. One member must be from the public at large and not connected with the practice of cosmetology. One member must be an esthetician and one must be a nail technician. It is unlawful for a member of the board or an inspector or employee of the board, or a spouse of a board member, inspector, or employee to own an interest in a cosmetology school or substantial interest in a company which deals in wholesale sales or services to beauty salons or schools. The member of the board who is not connected with the practice of cosmetology has all rights and privileges of other members of the board except the member may not participate in the examination of an applicant for a license. (B) There is created an Advisory Committee to the State Board of Cosmetology composed of six members appointed by the Governor with the advice and consent of the Senate for terms of four years and until their successors are appointed and qualify. Terms commence on April first. Vacancies on the committee must be filled in the manner of original appointment for the unexpired term. The following associations or groups shall recommend one person to the Governor for appointment to the committee: the National Cosmetology Association of South Carolina, the South Carolina State Cosmetologist Association, the South Carolina Vocational Directors Association, the South Carolina Association of Cosmetology Schools, the South Carolina Beauty Supply Dealers, and the teachers of cosmetology in vocational or private schools. Recommendations must be submitted to the Governor not later than the thirty-first day of December of the year preceding the year in which appointments expire. The Governor may reject any person recommended for appointment upon a satisfactory showing that the person is unfit to serve. If a person is rejected, the group or association who recommended the person shall submit additional names to the Governor for consideration. Committee members shall receive the same mileage, subsistence, and per diem as provided by law for members of state boards, committees, and commissions. The board shall meet with the committee quarterly to discuss problems, make recommendations, and hear reports of board policy affecting the industry. Special meetings may be called by the board upon sufficient notice. Accurate minutes of all meetings must be kept by the board as part of its public record. Editor's Note Prior Laws:1934 (38) 1349; 1942 Code SECTION 5250-15; 1952 Code SECTION 56-453; 1953 (48) 432; 1962 Code SECTION 56-453; 1971 (57) 293; 1982 Act No. 388; 1985 Act No. 201, Part II, SECTION 18; 1992 Act No. 369, SECTION 2; 1976 Code SECTION 40-13-30.
S.C. Code Ann. § 40-43-160 — SC Code / Title 40 / Chapter 43 / Section 40-43-160
SECTION 40-43-160. Unlawful practice of pharmacy following hearing; fine; penalty.
Status: in_force

(A) An individual who, after a hearing, shall be found by the board to have unlawfully engaged in the practice of pharmacy is subject to a fine to be imposed by the board not to exceed an amount set by the board in regulation for each offense. (B) Each violation of this chapter or the regulations promulgated under this chapter pertaining to unlawfully engaging in the practice of pharmacy shall also constitute a misdemeanor and, upon conviction, is punishable as provided in Section 40-1-210.
S.C. Code Ann. § 40-51-170 — SC Code / Title 40 / Chapter 51 / Section 40-51-170
SECTION 40-51-170. Disposition of funds; assessments, fees, and licenses to equal appropriations and allocations.
Status: in_force

All revenues and income from licenses, examination fees, other fees, sale of commodities and services, and income derived from any other board source or activity shall be remitted to the State Treasurer as collected, when practicable, but at least once each week, and shall be credited to the General Fund of the State. All assessments, fees or licenses shall be levied in an amount sufficient to at least equal the amount appropriated in the annual General Appropriations Act for the board, plus any additional funds allocated by the Department of Administration for implementation of the State's Personnel Compensation Plan. Code Commissioner's Note At the direction of the Code Commissioner, references in this section to the offices of the former State Budget and Control Board, Office of the Governor, or other agencies, were changed to reflect the transfer of them to the Department of Administration or other entities, pursuant to the directive of the South Carolina Restructuring Act, 2014 Act No. 121, SECTION 5(D)(1), effective July 1, 2015.
S.C. Code Ann. § 40-24-10 — SC Code / Title 40 / Chapter 24 / Section 40-24-10
SECTION 40-24-10. Definitions.
Status: in_force

For purposes of this chapter: (1) "Contact lenses" means a lens placed directly on the surface of the eye, regardless of whether it is intended to correct a visual defect, and includes, but is not limited to, cosmetic, therapeutic, and corrective lenses. (2) "Dispense" means the act of providing a pair of spectacles or contact lenses to a patient. (3) "Eye examination" means an assessment of all or a portion of the ocular health profile, which must include a complete written or electronic medical history, as well as an assessment of the visual status of a patient. (4) "Kiosk" means automated equipment or an automated application, which is designed to be used on a phone, computer, or Internet-based device that can be used in person or remotely to provide refractive data or information. (5) "Patient" means a person who submits to an eye examination in this State. (6) "Prescription" means a provider's handwritten or electronic order to correct refractive error that is based on an eye examination. (7) "Provider" means an individual licensed by the South Carolina Board of Examiners in Optometry or the South Carolina Board of Medical Examiners. (8) "Spectacles" means an optical instrument or device worn or used by an individual that has one or more lenses designed to correct or remediate vision deficits or needs of the individual wearer and are commonly known as glasses, including spectacles that may be adjusted by the wearer to achieve different types or levels of visual correction or enhancement, and excluding over-the-counter spectacles not intended to correct or enhance vision or sold without consideration of the visual status of the individual using the spectacles. (9) "Visual status" means the assessment of the visual acuity, accommodation amplitudes at the discretion of the provider, and ocular alignment of the eyes in an uncorrected state and the best corrected visual acuity achievable with the aid of a spectacle or contact lens prescription; however, the assessment must not be based solely on objective refractive data or information generated by an automated testing device, including an auto refractor or other electronic refractive-only testing device, to provide a medical diagnosis or to establish a refractive error for a patient as part of an eye examination.
S.C. Code Ann. § 40-47-970 — SC Code / Title 40 / Chapter 47 / Article 7 / Section 40-47-970
SECTION 40-47-970. Limitations on permissible medical act, task, or function PA may perform.
Status: repealed

A PA may not: (1) perform a medical act, task, or function which has not been listed approved on the scope of practice guidelines; (2) prescribe drugs, medications, or devices not specifically authorized by the supervising physician and documented in the written scope of practice guidelines; (3) prescribe, under any circumstances, controlled substances in Schedule II except as authorized in Section 40-47-965; (4) perform a medical act, task, or function that is outside the usual practice of the supervising physician or outside the supervising physician's training or experience unless the board approves an exception pursuant to Section 40-47-195(D)(1)(d). Effect of Amendment The 2013 amendment, in subsection (3), inserted "except as authorized in Section 40-47-965". 2019 Act No. 32, SECTION 2, in the first undesignated paragraph, substituted "PA" for "physician assistant"; in (1), deleted "and" following "listed"; and in (4), inserted "or outside the supervising physician's training or experience unless the board approves an exception pursuant to Section 40-47-195(D)(1)(d)" at the end. SECTIONS 40-47-975, 40-47-980. Repealed by 2013 Act No. 28, SECTION 12, eff May 21, 2013. Editor's Note Former SECTION 40-47-975 was titled On-the-job training requests and was derived from 2000 Act No. 359, SECTION 1. Former SECTION 40-47-980 was titled Treatment of patients in chronic care and long-term care facilities and was derived from 2000 Act No. 359, SECTION 1; 2006 Act No. 244, SECTION 9.
S.C. Code Ann. § 40-85-100 — SC Code / Title 40 / Chapter 85 / Section 40-85-100
SECTION 40-85-100. Remedies.
Status: in_force

In addition to other remedies provided in this chapter or Chapter 1, the board, in accordance with Section 40-1-100, also may issue a cease and desist order or may petition an administrative law judge for a temporary restraining order or other equitable relief to enjoin a violation of this chapter.
S.C. Code Ann. § 40-1-630 — SC Code / Title 40 / Chapter 1 / Article 3 / Section 40-1-630
SECTION 40-1-630. Temporary professional licenses; application.
Status: in_force

(A) A board or commission that regulates the licensure of a profession or occupation under Title 40 shall issue a temporary professional license for a profession or occupation it regulates to the spouse of an active duty member of the United States Armed Forces if the member is assigned to a duty station in this State pursuant to the official active duty military orders of the member. Nothing in this section should be construed as requiring a board or commission to grant licensure to the spouse of an active duty member of the United States Armed Forces absent evidence that all state law requirements for licensure have been met. (B)(1) A person seeking a temporary professional license under subsection (A) shall submit an application to the board or commission from which it is seeking the temporary license on forms the board or commission shall create and provide. In addition to general personal information about the applicant, the application must include proof that the: (a) applicant is married to a member of the United States Armed Forces who is on active duty; (b) applicant holds a valid license issued by another state, the District of Columbia, a possession or territory of the United States, or a foreign jurisdiction for the profession for which temporary licensure is sought; (c) applicant holds the license in subitem (b) in "good standing" as evidenced by a certificate of good standing from the state, possession or territory of the United States, or foreign jurisdiction that issued the license; (d)(i) applicant submitted at his expense to a fingerprint-based background check conducted by the State Law Enforcement Division to determine if the applicant has a criminal history in this State and a fingerprint-based background check conducted by the Federal Bureau of Investigation to determine if the person has other criminal history, and the official results of these checks must be provided to the board or commission to which application for temporary licensure is made; and (ii) the provisions of this subitem only apply if a similar background check is required to obtain ordinary licensure in the profession or occupation for which temporary licensure is sought by the applicant; and (e) spouse of the applicant is assigned to a duty station in this State pursuant to the official active duty military orders of the member. (C) A temporary license issued under this section expires one year from the date of issue and may not be renewed. Editor's Note 2020 Act No. 139, SECTION 1, provides as follows: "SECTION 1. This act must be known and may be cited as the 'Armed Services Members and Spouses Professional and Occupational Licensing Act'." Effect of Amendment 2020 Act No. 139, SECTION 3, in (A), in the first sentence, substituted "shall issue" for "may issue", and added the second sentence.
S.C. Code Ann. § 40-8-50 — SC Code / Title 40 / Chapter 8 / Section 40-8-50
SECTION 40-8-50. Board membership.
Status: in_force

The board consists of seven members appointed by the Governor. Three appointed members must be public members who have no financial interest in and are not involved in the management of a cemetery or funeral-related business, and four members must be owners or managers of cemeteries in this State who may be selected from nominees submitted by the South Carolina Cemetery Association. The Governor shall appoint members of the board in the manner provided in this section. Of the seven members, three of the initial board members must be appointed for a term of two years, two for a term of three years, and two for a term of four years. At the end of their respective terms, successors must be selected in the same manner and appointed for terms of four years and until their successors are appointed and qualify. Nominations for appointment for the four professional members must be received by the Governor from the South Carolina Cemetery Association. If the Governor does not approve the recommendations, the association shall provide the Governor with another list of nominees, and the Governor may select a nominee from the list provided or appoint another suitable candidate of his choice. The Governor may replace any board member at any time for cause. An appointment to fill a vacancy on the board is for the balance of the unexpired term in the manner of the original appointment.
S.C. Code Ann. § 40-13-260 — SC Code / Title 40 / Chapter 13 / Section 40-13-260
SECTION 40-13-260. Schools and salons to display appropriate signs; operation of school in conjunction with other businesses; effect of chapter on salons licensed on May 11, 1966.
Status: in_force

Schools and salons shall display appropriate signs over the entrance to their establishments designating the nature of the establishment. No school may operate in conjunction with a salon or any other business or have doors which interconnect with salons or other businesses. This chapter may not be construed to affect the operation of any beauty salon, licensed on May 11, 1966, located in a private residence insofar as provisions for separate toilet facilities and separate entrances are concerned. Editor's Note Prior Laws:1982 Act No. 388; 1976 Code SECTION 40-13-150.
S.C. Code Ann. § 40-9-25 — SC Code / Title 40 / Chapter 9 / Section 40-9-25
SECTION 40-9-25. Students may perform procedures.
Status: in_force

A student enrolled in a preceptorship or residency training program may perform chiropractic procedures only if: (a) the student has met all academic requirements for graduation from an accredited chiropractic college approved by the board; and (b) the chiropractic procedures are performed only under the direct supervision of the student's chiropractic preceptor.
S.C. Code Ann. § 40-47-500 — SC Code / Title 40 / Chapter 47 / Article 5 / Section 40-47-500
SECTION 40-47-500. Short title.
Status: in_force

This article is known and may be cited as the "South Carolina Respiratory Care Practice Act".
S.C. Code Ann. § 40-82-10 — SC Code / Title 40 / Chapter 82 / Section 40-82-10
SECTION 40-82-10. Board creation, composition, terms, meetings and affirmative vote requirements.
Status: in_force

(A) There is created the Liquefied Petroleum Gas Board composed of seven members appointed by the Governor. One appointee must be a fireman, two must be liquefied petroleum gas dealers licensed under this chapter, one must be licensed under this chapter in any other classification, one must be a representative of the insurance industry, and two must be members of the public who do not possess a pecuniary interest in an entity engaged in a business directly involving liquefied petroleum gas. Board members from the general public may be nominated by an individual, group, or association and must be appointed by the Governor in accordance with Section 40-1-45. (B) The chairman must be elected for a one-year term. Terms of office for members are for two years and until their successors are appointed and qualify. Vacancies must be filled in the manner of original appointment for the unexpired term. The board shall meet at least annually and not more than once a month. All meetings must be scheduled at the call of the chairman. All members shall receive mileage, per diem, and subsistence as provided by law for members of boards, committees, and commissions for days on which they transact official business, to be paid from the General Fund of the State. The department's Office of State Fire Marshal shall provide administrative support as required by the board to perform its prescribed functions. The State Fire Marshal is an official consultant and is authorized to attend all meetings. (C) No action may be taken by the board except upon the affirmative vote of four members.
S.C. Code Ann. § 40-49-60 — SC Code / Title 40 / Chapter 49 / Article 1 / Section 40-49-60
SECTION 40-49-60. Examinations for certificates.
Status: in_force

Each such board of examiners shall designate the time and place for the examination of all persons desiring to secure a certificate as herein provided for. Each such applicant shall be compelled to pass such examination as to his qualifications as such board may direct. Such examination shall be made in whole or in part in writing, and shall be of a practical and elementary character, but sufficiently strict to test the qualifications of the applicant.
S.C. Code Ann. § 40-33-160 — SC Code / Title 40 / Chapter 33 / Article 1 / Section 40-33-160
SECTION 40-33-160. Appeal; board decision not stayed pending appeal.
Status: in_force

A person aggrieved by a final action of the board may seek review of the decision to the Administrative Law Court in accordance with Section 40-1-160. Service of a petition for review does not stay the board's decision pending completion of the appellate process.
S.C. Code Ann. § 40-37-330 — SC Code / Title 40 / Chapter 37 / Section 40-37-330
SECTION 40-37-330. Use of optometrist's services authorized for agency and school-required examinations.
Status: in_force

(A) Whenever it is required by law that a visual test of the eye must be made or optometric care of the eye is required of a person by a school or college or a state or county agency, the test or care may be given by an optometrist licensed in this State. When a person is required to furnish evidence of visual efficiency, a report of a licensed optometrist is sufficient evidence to comply with the requirement. (B) All agencies of the State and its subdivisions and all commissions, clinics, and boards administering relief, public assistance, public welfare assistance, social security, or health services under the laws of this State shall accept the services of licensed optometrists for all services that they are licensed to perform relating to a person receiving benefits from such an agency or subdivision of the State. These agencies, or agents, officials, or employees of these agencies, including the public schools, may counsel with and advise the persons needing eye care as to the type of service needed and as to those qualified to render the service; however, no attempt may be made to guide an individual seeking vision or eye care to either an optometrist or a physician licensed under Chapter 47, Title 40, Physicians, Surgeons, and Osteopaths. The patient must be given free choice in selecting a specialist to serve the patient's vision or eye-care needs in examinations, vision screening, or other vision-related services. However, an exception must be made in emergency cases of obvious eye injury or disease where delay in obtaining the services of a physician licensed under Chapter 47, Title 40, Physicians, Surgeons, and Osteopaths, might endanger the patient's visual health. Additionally, in recognized instances of disease or anomalies disclosed in the original physical evaluation by an agency, these cases may be referred directly to specialists, ophthalmologists, or optometrists as considered appropriate by the evaluating agency. (C) There may be no differential in the fee schedule for payment of vision or eye-care services, whether performed by an optometrist or a physician licensed under Chapter 47, Title 40, Physicians, Surgeons, and Osteopaths, that is, for like services common to both professions. (D) No funds appropriated for vision or eye care may be used by an agency that practices discrimination between a licensed optometrist or a physician licensed under Chapter 47, Title 40, Physicians, Surgeons, and Osteopaths. (E) Nothing in this section may prevent a nurse, school teacher, or welfare worker, employed in public service, from ascertaining the probable need of visual services, if the person does not attempt to diagnose, prescribe, or recommend a particular practitioner or system of practice.
S.C. Code Ann. § 40-26-30 — SC Code / Title 40 / Chapter 26 / Section 40-26-30
SECTION 40-26-30. Applicability of chapter.
Status: in_force

The provisions of this chapter do not apply to: (A) a person employed by the State of South Carolina or any political subdivision of the State as a code enforcement official when acting within the scope of that employment; (B) a person inspecting a commercial structure exclusively for the use of a bank, savings and loan association, or credit union, unless otherwise required by federal law or regulation.
S.C. Code Ann. § 40-84-120 — SC Code / Title 40 / Chapter 84 / Section 40-84-120
SECTION 40-84-120. Application of chapter.
Status: in_force

The requirements of this chapter apply to all: (1) agencies as defined by Section 40-84-110(1); and (2) hospitals and health care facilities regulated by the Department of Health and Environmental Control under Title 44.
S.C. Code Ann. § 40-10-50 — SC Code / Title 40 / Chapter 10 / Section 40-10-50
SECTION 40-10-50. Fees; lapsed licenses; expiration date.
Status: in_force

(A) The department 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. (B) All fees associated with the NICET Level III or IV Technician Certification in "Fire Protection Engineering Technology Automatic Sprinkler System Layout" or any other costs for certification are the responsibility of the fire sprinkler contractor and payable to the provider. (C) All license fees must be submitted to the department. (D) Initial license fees are: (1) two hundred dollars for a fire sprinkler contractor license, which includes one qualifying party certificate; (2) fifty dollars for each additional qualifying party certificate; and (3) one hundred dollars for each branch office, which includes one primary qualifying party certificate. (E) Renewal license fees are: (1) two hundred dollars for a fire sprinkler business renewal, which includes one primary qualifying party certificate; (2) fifty dollars for each additional qualifying party certificate; and (3) one hundred dollars for each branch office, which includes one primary qualifying party certificate. (F) A late renewal fee is due on the day following the expiration date of the license if practice continued and is: (1) one hundred dollars for up to thirty days; (2) one hundred fifty dollars up to sixty days; (3) two hundred dollars for sixty-one to ninety days; and (4) two hundred fifty dollars for ninety-one to one hundred twenty days. (G) A license that has lapsed for more than one hundred twenty days may not be renewed. An initial application must be submitted. (H) The replacement fee for a lost or destroyed certificate is ten dollars. (I) The replacement fee for a lost or destroyed license is ten dollars. (J) A fire sprinkler contractor license expires the last day of July in the licensure cycle established by the board. (K) A ten dollar charge may be assessed for a qualifying party to transfer his qualification certificate to another licensee.
S.C. Code Ann. § 40-80-10 — SC Code / Title 40 / Chapter 80 / Section 40-80-10
SECTION 40-80-10. Short title, definitions.
Status: in_force

(A) This chapter may be cited as the "South Carolina Firefighters Employment and Registration Act". (B) For purposes of this chapter: (1) "Employer" means any fire department which puts an individual or employee in service as a firefighter or assigns any person to work or to official duties as a firefighter whether or not the firefighter receives financial compensation. (2) "Employment date" means the date the fire chief certifies the firefighter has been added to the fire department's roster as a recruit or is trained and prepared to perform firefighting duties. (3) "Fire chief" means the highest ranking officer or official in charge of a fire department, whether or not called by some other title. (4) "Fire department" means any legally organized fire department or fire service in this State that: (a) engages in fire suppression and other related fire service activities; (b) provides fire protection to a dedicated response district, other than their own property, and must be officially recognized, created, or chartered by a town, municipality, county, or the State; (c) has a Public Protection Classification (PPC) rating through the Insurance Services Office (ISO). This rating may be as an individual department or in conjunction with neighboring districts; (d) is dispatched by a 911 dispatch center or a local government-owned Public Safety Answering Point (PSAP). Effective no later than July 1, 2026, the fire department must be verified by the State Fire Marshal's Office and issued a valid South Carolina Fire Department (SCFD) number and is eligible for a National Emergency Response Information System (NERIS) number; and (e) is registered and maintains a roster of its members with both the State Fire Marshal and the South Carolina State Firefighters' Association. (5) "Firefighter" means any person, male or female, paid or unpaid, who engages in rescue, fire suppression, or related activities under the supervision of a fire chief or fire department. (6) "Firefighting duties" means duties relating to rescue, fire suppression, public safety, and related activities as assigned by a fire chief. Effect of Amendment 2025 Act No. 32, SECTION 1, in (B)(1), the definition of employer, deleted "or other entity" following "fire department"; in (B)(2), the definition of employment date, inserted "has been added to the fire department's roster as a recruit or" following "firefighter"; and rewrote (B)(4), the definition of fire department.
S.C. Code Ann. § 40-6-120 — SC Code / Title 40 / Chapter 6 / Section 40-6-120
SECTION 40-6-120. Revocation, suspension, or restriction of license; final order of guilt as public knowledge; civil fines.
Status: in_force

(A) The commission, in addition to the authority granted to it pursuant to Section 40-1-120, may deny, suspend, revoke, or restrict a license and may assess a fine in accordance with Section 40-6-210. The authority of the commission to revoke or suspend a license for violation of this chapter or a regulation promulgated under this chapter includes the authority to place a licensee on probation upon conditions to be determined by the commission. (B) A final order of the commission finding that a licensee is guilty of any offense charged in a formal accusation becomes public knowledge except for a final order dismissing the accusation or imposing a private reprimand. (C) The commission may impose a civil fine of up to five thousand dollars for each violation of a provision of this chapter or a regulation promulgated under this chapter; however, the total fines may not exceed ten thousand dollars.
S.C. Code Ann. § 40-81-120 — SC Code / Title 40 / Chapter 81 / Section 40-81-120
SECTION 40-81-120. Disciplinary violations; sanctions.
Status: in_force

(A) Upon a determination by the commission that one or more of the grounds for discipline exists, in addition to the actions provided for in Sections 40-1-120 and 40-1-130, the commission may: (1) refuse to renew a license or revoke or suspend a license for all or any part of the unexpired portion of the license; (2) impose a fine of not more than one thousand dollars for each violation. (B) A sanction imposed or disciplinary action taken pursuant to this section may be appealed to an administrative law judge pursuant to the Administrative Procedures Act.
S.C. Code Ann. § 40-60-450 — SC Code / Title 40 / Chapter 60 / Article 3 / Section 40-60-450
SECTION 40-60-450. Payment for completions of an appraisal or valuation assignment.
Status: in_force

(A) An appraisal management company shall, except in cases of breach of contract or substandard performance of services, make payment to certified or licensed appraisers, who are independent contractors, for the completion of an appraisal or valuation assignment within forty-five days after the date on which the certified or licensed appraisers, who are independent contractors, transmit or otherwise provide the completed appraisal or valuation study to the appraisal management company or its assignee. (B) An appraisal management company shall compensate appraisers at a rate that is customary and reasonable for appraisals being performed in the market area of the property being appraised, consistent with the requirements of 15 U.S.C. Section 1639e and regulations adopted pursuant to it including, but not limited to, 12 C.F.R. 1026.42. (C) An appraiser may not be prohibited by the appraisal management company, client of the appraiser, or another third party from disclosing the fee paid to the appraiser for the performance of the appraisal in the appraisal report. 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 24, in (B), inserted "including, but not limited to, 12 C.F.R. 1026.42" at the end.
S.C. Code Ann. § 40-9-39 — SC Code / Title 40 / Chapter 9 / Section 40-9-39
SECTION 40-9-39. Limitation on consecutive terms.
Status: in_force

Notwithstanding any other provision of law, no appointive member of the above board shall be allowed to serve more than two full consecutive terms on the board; provided, however, that an appointive member who has served for the remainder of a former member's unexpired term shall be allowed to then serve two additional full terms.
S.C. Code Ann. § 40-63-600 — SC Code / Title 40 / Chapter 63 / Article 3 / Section 40-63-600
SECTION 40-63-600. Rulemaking.
Status: in_force

(A) The commission shall promulgate reasonable rules in order to effectively and efficiently implement and administer the purposes and provisions of the compact. A rule shall be invalid and have no force or effect only if a court of competent jurisdiction holds that the rule is invalid because the commission exercised its rulemaking authority in a manner that is beyond the scope and purposes of the compact, or the powers granted hereunder, or based upon another applicable standard of review. (B) The rules of the commission shall have the force of law in each member state, provided however that where the rules of the commission conflict with the laws of the member state that establish the member state's scope of practice as held by a court of competent jurisdiction, the rules of the commission shall be ineffective in that state to the extent of the conflict. (C) The commission shall exercise its rulemaking powers pursuant to the criteria set forth in this section and the rules adopted thereunder. Rules shall become binding as of the date specified in each rule. (D) If a majority of the legislatures of the member states rejects a rule or portion of 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. (E) Rules shall be adopted at a regular or special meeting of the commission. (F) Prior to adoption of a proposed rule, the commission shall hold a public hearing and allow persons to provide oral and written comments, data, facts, opinions, and arguments. (G) Prior to adoption of a proposed rule by the commission, and at least thirty days in advance of the meeting at which the commission will hold a public hearing on the proposed rule, the commission shall provide a notice of proposed rulemaking: (1) on the website of the commission or other publicly accessible platform; (2) to persons who have requested notice of the commission's notices of proposed rulemaking; and (3) in such other way as the commission may by rule specify. (H) The notice of proposed rulemaking shall include: (1) the time, date, and location of the public hearing at which the commission will hear public comments on the proposed rule and, if different, the time, date, and location of the meeting where the commission will consider and vote on the proposed rule; (2) if the hearing is held via telecommunication, video conference, or other electronic means, the commission shall include the mechanism for access to the hearing in the notice of proposed rulemaking; (3) the text of the proposed rule and the reason therefore; (4) a request for comments on the proposed rule from any interested person; and (5) the manner in which interested persons may submit written comments. (I) All hearings will be recorded. A copy of the recording and all written comments and documents received by the commission in response to the proposed rule shall be available to the public. (J) Nothing in this section shall 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. (K) The commission shall, by majority vote of all members, take final action on the proposed rule based on the rulemaking record and the full text of the rule. The commission also: (1) may adopt changes to the proposed rule provided the changes do not enlarge the original purpose of the proposed rule; (2) shall provide an explanation of the reasons for substantive changes made to the proposed rule as well as reasons for substantive changes not made that were recommended by commenters; and (3) shall determine a reasonable effective date for the rule. Except for an emergency as provided in Section 40-63-610(L), the effective date of the rule shall be no sooner than thirty days after issuing the notice that it adopted or amended the rule. (L) Upon determination that an emergency exists, the commission may consider and adopt an emergency rule with twenty-four or forty-eight hours' notice, with opportunity to comment, provided that the usual rulemaking procedures provided in the compact and in this section shall 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 provision, 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 a 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 for purposes of correcting typographical errors, errors in format, errors in consistency, or grammatical errors. Public notice of any revisions shall be posted on the website of the commission. The revision shall 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 shall be made in writing and delivered to 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. (N) No member state's rulemaking requirements shall apply under this compact. Editor's Note 2025 Act No. 66, SECTION 1, provides as follows: "SECTION 1. This act may be cited as the 'Social Work Interstate Compact Act.'"
S.C. Code Ann. § 40-81-450 — SC Code / Title 40 / Chapter 81 / Section 40-81-450
SECTION 40-81-450. Administrative citations, cease and desist orders, and penalties.
Status: in_force

(A) The department representative may issue administrative citations and cease and desist orders and may assess administrative penalties against a person for violations of this chapter and Chapter 1. (B) Separate citations may be issued and separate administrative penalties may be assessed against a person for each violation; however, no more than two thousand five hundred dollars in administrative penalties may be assessed against a person per day. (C) Administrative penalties authorized under this section are separate from and in addition to all other remedies, either civil or criminal. (D) A person assessed administrative penalties may protest those penalties to the commission within ten working days of receipt of the citation. If a protest is filed, the department shall schedule a hearing upon not less than thirty days' notice before the commission, which shall make a determination in the matter. If no protest is filed, the citation is deemed a final order and the administrative penalties must be paid within thirty days of receipt of the citation or other written demand.
S.C. Code Ann. § 40-33-90 — SC Code / Title 40 / Chapter 33 / Article 1 / Section 40-33-90
SECTION 40-33-90. Administration of oaths.
Status: in_force

In addition to the powers and duties enumerated in Section 40-1-90, the presiding officer of the board may administer oaths when taking of testimony upon any and all matters pertaining to the business or duties of the board. Editor's Note Prior Laws:1935 (39) 173; 1942 Code SECTION 5226; 1947 (45) 579; 1952 Code SECTION 56-968; 1962 Code SECTION 56-968; 1976 Code SECTION 40-33-280.
S.C. Code Ann. § 40-55-170 — SC Code / Title 40 / Chapter 55 / Article 1 / Section 40-55-170
SECTION 40-55-170. Penalties; injunctions.
Status: in_force

(A) A person who practices or offers to practice psychology without being licensed as required by this chapter is guilty of a felony and, upon conviction, must be fined not more than fifty thousand dollars or imprisoned not more than one year. Upon reasonable investigation, the board shall refer all complaints which involve possible criminal violations of this chapter to the solicitor in the county where the violation occurred. A resident of the county in which a violation occurred may initiate injunction procedures to prevent the violation from continuing. (B) Pursuant to Section 40-1-210, the board may in its own name maintain a suit for an injunction against a person who violates a provision of this chapter. The suit must be commenced and prosecuted before an administrative law judge as provided under Article 5, Chapter 23, Title 1. An injunction may be issued without proof of actual damage sustained by a person. An injunction may be issued in addition to any other sanctions provided for in this chapter and the injunction does not relieve a person from criminal prosecution as provided for in subsection (A). The South Carolina Department of Labor, Licensing and Regulation shall, if requested by the board, represent the board in connection with legal proceedings undertaken pursuant to this chapter.
S.C. Code Ann. § 40-75-285 — SC Code / Title 40 / Chapter 75 / Article 1 / Section 40-75-285
SECTION 40-75-285. Application of article.
Status: in_force

This article is for the regulation of the practice of licensed professional counselors, marriage and family therapists, and addiction counselors only and does not prevent human resource professionals, business consultants, and other persons from providing advice and counseling in their organizations or affiliated groups or to their companies and employees of their companies or from engaging in activities performed in the course of their employment. Effect of Amendment 2018 Act No. 249, SECTION 14, substituted ", marriage and family therapists, and addiction counselors" for "and marriage and family therapists" following "licensed professional counselors".
S.C. Code Ann. § 40-45-300 — SC Code / Title 40 / Chapter 45 / Article 1 / Section 40-45-300
SECTION 40-45-300. Delegation and supervision of physical therapy tasks; responsibility for care; supervisor to be approved by board.
Status: in_force

(A) A physical therapist is professionally and legally responsible for patient care given by a physical therapist assistant, physical therapy aide, physical therapist student, or physical therapist assistant student under the physical therapist's supervision. A physical therapist may delegate to and supervise selected acts, tasks, or procedures which fall within the practice of physical therapy but do not exceed the education or training of a physical therapist assistant, physical therapy aide, physical therapist student, or physical therapist assistant student. (B) A physical therapist assistant shall function under the supervision of a licensed physical therapist. A person licensed under this chapter as a physical therapist assistant shall perform duties only after the initial evaluation of the patient is conducted by a licensed physical therapist. A patient plan of care may not be altered without the prior written, dated, and signed approval of a licensed physical therapist. A patient must be reevaluated and the plan of care must be reapproved by a physical therapist licensed in this State every eighth treatment day or every sixty calendar days, whichever comes first. The board may establish in regulation the number of physical therapist assistants a physical therapist may concurrently supervise except in hospitals licensed by the Department of Health and Environmental Control which may determine their own staffing ratios. (C) A physical therapist student shall function under the on-site supervision of a licensed physical therapist. (D) A physical therapist assistant student and a physical therapy aide shall function under the on-site supervision of a licensed physical therapist or licensed physical therapist assistant. The physical therapist is ultimately responsible for the licensed physical therapist assistant, the student physical therapist assistant, and the physical therapy aide. (E) A supervisor must be a licensed physical therapist or physical therapist assistant who has been approved by the board to supervise provisional licensees, students, and aides based on the supervisor's training and work experience, which must be relevant to the work of those under the supervision and must be sufficiently extensive to enable the supervisor to direct and evaluate the work of a supervisee.
S.C. Code Ann. § 40-23-110 — SC Code / Title 40 / Chapter 23 / Section 40-23-110
SECTION 40-23-110. Disciplinary action; grounds.
Status: in_force

(A) In addition to the grounds for disciplinary action provided in Section 40-1-110, the board may revoke, suspend, or otherwise restrict a licensee's right to practice or reprimand or otherwise discipline a licensee if, upon a satisfactory showing to the board, the licensee: (1) has used a false, fraudulent, or forged statement or document or practiced a fraudulent, deceitful, or dishonest act in connection with any of the licensing, registration, or certificate requirements of the board; (2) has practiced while under the influence of alcohol or drugs to such a degree as to affect adversely the licensee's ability to practice; (3) uses alcohol or drugs to such a degree as to affect adversely the licensee's ability to practice; (4) has knowingly performed an act which in any way assists a person to practice illegally; (5) has sustained physical or mental impairment or disability which renders further practice by the licensee dangerous to the public; (6) has violated the principles of ethics as adopted by the board in regulation; (7) is guilty of obtaining fees or assisting in obtaining fees under deceptive, false, or fraudulent circumstances; (8) is guilty of the use of intentionally false or fraudulent statements in a document connected with his work; (9) is guilty of misrepresentation or the omission of a material fact in a transaction involving the public, the board, or any government entity with authority to regulate actions performed in the course of a licensed activity; (10) is guilty of making a false or fraudulent representation or of engaging in a deceitful practice in offering, selling, or providing a product or service; (11) is guilty of engaging in dishonorable, unethical, or unprofessional conduct that is likely to deceive, defraud, or harm the public; (12) has been found by the board to lack the professional or ethical competence to practice a licensed activity; (13) has engaged in substandard work or is guilty of gross negligence in the course of a licensed activity; (14) has engaged in a pattern of failure to perform pursuant to an oral or written contract, in the course of a licensed activity or has failed to timely pay employees or suppliers; (15) has failed to timely abate or remediate deficient or substandard work after receiving notice of deficient or substandard work from regulating authorities including, but not limited to, the board, the department, or the Department of Health and Environmental Control; (16) has violated a provision of this chapter or of the State Safe Drinking Water Act or a regulation or standard adopted pursuant to this chapter or the State Safe Drinking Water Act; (17) has knowingly violated a statute, regulation, or ordinance that in any way controls, regulates, limits, or affects the performance of an action associated with a licensed activity; (18) failed to obtain a license before doing business in this State; (19) has been convicted of, or has pled guilty or nolo contendere to, a felony or to any other crime involving fraud, moral turpitude, or drugs or to any criminal violation of any law that controls, regulates, limits, or affects the performance of any action associated with a licensed activity. For purposes of this section, "drugs" includes a substance whose possession, use, or distribution is governed by Section 44-53-110 through Section 44-53-580 or which is listed in the current edition of the Physician's Desk Reference; (20) has incurred any disciplinary sanction including, but not limited to, a denial, revocation, suspension, or restriction of a license to practice a profession or occupation in any state or jurisdiction if the disciplinary action taken in the state or jurisdiction is based upon grounds that would constitute misconduct under this section or Section 40-1-110 ; (21) has constructed or supervised the construction of any well in violation of the bonding requirements of this chapter. (B) In addition to all other remedies and actions incorporated in this chapter, the certificate, registration, or license of a licensee adjudged mentally incompetent by a court of proper jurisdiction is deemed automatically suspended upon the adjudication until he is adjudged by a court of competent jurisdiction or in any manner provided by law as being restored to mental capacity. (C) The license of a person who is convicted of, or who pleads guilty or nolo contendere to, a crime stated in item (19) of subsection (A) must be immediately suspended pending hearing and final action of the board. A license suspended under this subsection must be reinstated immediately upon the filing of a certificate that the conviction has been reversed. The reinstatement does not terminate a disciplinary action pending against the person. (D) Acts or omissions by a licensee causing the imposition of a disciplinary sanction including, but not limited to, a denial, revocation, suspension, or restriction of a licensee to practice a profession or occupation in another state or jurisdiction supports the issuance of a formal complaint and the commencement of disciplinary proceedings under this chapter if the disciplinary action taken in another state is based on grounds that would constitute misconduct under this section or Section 40-1-110. Proof of these acts or omissions 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. For purposes of this section, a certified true copy of the documents is admissible evidence without further foundation. No later than thirty days after a licensee's receipt of a formal complaint alleging that the licensee has been disciplined in another state or jurisdiction, the licensee must file an answer to the complaint with the administrator of the board, and include for the board copies of all transcripts, documents, and orders used, relied upon, or issued by the authority imposing the alleged discipline. If the licensee fails to produce these items within thirty days of the board's formal complaint the board may suspend the individual's license until such time as the items have been supplied to the board. Editor's Note Prior Laws:1983 Act No. 104, SECTION 4; 1988 Act No. 621, SECTION 1; 1976 Code SECTION 40-23-125.
S.C. Code Ann. § 40-60-32 — SC Code / Title 40 / Chapter 60 / Article 1 / Section 40-60-32
SECTION 40-60-32. Application forms.
Status: in_force

An application for examination, permit, licensure, or certification must be completed in writing on a form prescribed by the department. Editor's Note Prior Laws:2000 Act No. 335, SECTION 1; 1976 Code SECTION 40-60-90.
S.C. Code Ann. § 40-81-440 — SC Code / Title 40 / Chapter 81 / Section 40-81-440
SECTION 40-81-440. Deadline for permit applications; late fees.
Status: in_force

Applications for permits received less than fifteen days before the event or exhibition may be denied and, if granted, are subject to a late fee of not less than twenty-five dollars or more than one hundred dollars per day.
S.C. Code Ann. § 40-69-150 — SC Code / Title 40 / Chapter 69 / Article 1 / Section 40-69-150
SECTION 40-69-150. Voluntary surrender of license.
Status: in_force

A licensee under investigation for a violation of this chapter or a regulation promulgated under this chapter may voluntarily surrender the license in accordance with Section 40-1-150.
S.C. Code Ann. § 40-33-120 — SC Code / Title 40 / Chapter 33 / Article 1 / Section 40-33-120
SECTION 40-33-120. Fines and other discipline; effective date; stay or supersedeas.
Status: in_force

(A) In addition to the powers and duties enumerated in Section 40-1-120, the board may issue private reprimands. The board may impose a fine of up to two thousand dollars for each violation of a provision of this chapter or of a regulation promulgated by the board, not to exceed a total of ten thousand dollars. Fines are payable immediately upon the effective date of discipline unless otherwise provided by the board. Interest accrues after fines are due at the maximum rate allowed by law. No licensee against whom a fine is levied is eligible for reinstatement until the fine has been paid in full. (B) A decision by the board to revoke, suspend, or restrict a license or to limit or discipline a licensee becomes effective upon delivery of a copy of the decision to the licensee and a petition for review does not operate as a supersedeas or stay. (C) No stay or supersedeas may be granted pending an appeal from a decision by the board to revoke, suspend, or restrict the license for six months or more. An appeal taken to an administrative law judge as provided under Article 5, Chapter 23, Title 1 has precedence on the calendar of an administrative law judge, is considered an emergency appeal if the board has revoked, suspended, or restricted a license for six months or more, and should be heard not later than thirty days from the date the petition is filed. The review is limited to the record established by the board hearing.
S.C. Code Ann. § 40-9-10 — SC Code / Title 40 / Chapter 9 / Section 40-9-10
SECTION 40-9-10. Definitions.
Status: in_force

As used in this chapter: (a) "Chiropractic" is defined as that science and art which utilizes the inherent recuperative powers of the body and deals with the relationship between the nervous system and the spinal column, including its immediate articulations and the role of this relationship in the restoration and maintenance of health. (b) "Chiropractic practice" is defined as the spinal analysis of any interference with normal nerve transmission and expression, and by adjustment to the articulations of the vertebral column and its immediate articulations for the restoration and maintenance of health and the normal regimen and rehabilitation of the patient without the use of drugs or surgery. (c) "Analysis" is defined as physical examination, the use of x-ray and procedures generally used in the practice of chiropractic. (d) Any machine used in "chiropractic practice" or "analysis" must first be approved by the South Carolina Board of Chiropractic Examiners. (e) "Preceptorship" or "residency training program" means a clinical program of an approved college of chiropractic in which a chiropractic intern or resident practices chiropractic under the direct supervision of a licensed chiropractor. (f) "Chiropractic preceptor" means a person licensed under this chapter who is approved by the board to supervise chiropractic students in the performance of chiropractic at a location other than the premises of a chiropractic college in which the student is enrolled. A chiropractic preceptor must: (1) have been licensed to practice chiropractic in South Carolina for not less than five years; (2) not have been publicly or privately sanctioned by a chiropractic licensure board in any state; (3) sign a sworn statement that he or she has not knowingly violated state or federal rules or regulations including, but not limited to, those pertaining to the repayment of guaranteed federally funded student loans; (4) receive written approval of the chiropractic college to serve as an adjunct faculty member for the purpose of an individual student's preceptorship or residency training program; (5) supervise no more than one chiropractic student at a time at a location other than the premises of the chiropractic college in which the student is enrolled. (g) "Direct supervision" means the chiropractic preceptor must be within the immediate patient treatment area and available to the student at all times. Effect of Amendment The 2010 amendment added the definitions for "preceptorship or residency training program", "chiropractic preceptor", and "direct supervision".
S.C. Code Ann. § 40-37-245 — SC Code / Title 40 / Chapter 37 / Section 40-37-245
SECTION 40-37-245. Licensure by endorsement; requirements.
Status: in_force

An optometrist currently licensed and practicing at the therapeutic level in another jurisdiction may obtain a license by endorsement as an optometrist in this State. An applicant for licensure by endorsement must have: (1) submitted a written application in the form prescribed by the board; (2) graduated from an accredited school or college of optometry that required four years' attendance and that grants the degree of doctor of optometry, if the schools and courses are approved by the board; (3) satisfactorily passed all required examinations recognized or conducted by the board including, but not limited to, the examination of the National Board of Examiners in Optometry; (4) presented to the board evidence that all optometry licenses possessed by the applicant are current and in good standing; (5) presented to the board proof that no professional licenses granted to the applicant in any other state have been suspended, revoked, or restricted for any reason except nonrenewal or for the failure to obtain the required continuing education; and (6) paid all applicable fees specified by the board.
S.C. Code Ann. § 40-19-70 — SC Code / Title 40 / Chapter 19 / Section 40-19-70
SECTION 40-19-70. Powers and duties in addition to those in this chapter.
Status: in_force

In addition to the powers and duties provided for in this chapter, the board also has those powers and duties as set forth in Section 40-1-70. A member of the board, or its committees or employees, may not be liable for acts performed in the course of their official duties, except when gross negligence is shown and proven in a court of competent jurisdiction in this State. Effect of Amendment 2024 Act No. 223, SECTION 9, added the second sentence, and made a nonsubstantive change.
S.C. Code Ann. § 40-2-250 — SC Code / Title 40 / Chapter 2 / Article 1 / Section 40-2-250
SECTION 40-2-250. Renewal of licenses; reinstatement of lapsed licenses.
Status: in_force

(A) A licensee desiring to renew his license shall file an application for renewal on or before the renewal due date of the following year. (B) The application for renewal of a license must include: (1) current information concerning practice status; (2) an accounting professional education report in a form acceptable to the board and subject to audit at the discretion of the board; (3) an acknowledgment of the licensee's responsibility to substantiate and maintain records to support his continuing professional education report; and (4) a renewal fee, if any. (C) A licensee shall document forty hours of continuing professional education that is acceptable to the board, completed during the immediately preceding calendar year. (1) Hour limitations in specific topics or subjects may be determined by the board. (2) The board may by regulation provide for the carryover of excess hours of continuing professional education, and such carryover may be applied as if completed during the immediately preceding calendar year. (3) A licensee is not required to report continuing professional education for the year in which the initial license was obtained. (4) No carryover is allowed from a year in which continuing professional education was not required. (5) The board may review, approve, and test any content or delivery type of continuing professional education. (6) An annual ethics requirement must be met and included in the documented hours of continuing professional education. No less than two hours of the annual forty hours of continuing professional education must relate to ethics. (D) All licensees who have not filed an application for renewal by the renewal date must be given notice, prior to the renewal lapse date, that an application for renewal has not been received. (E) If a licensee does not file an application for renewal on or before the renewal due date, then the license is considered late. If a licensee does not file an application for renewal on or before the renewal lapse date, then the license is considered lapsed. Continued practice with a lapsed license may be sanctioned as the unlicensed practice of accounting. (F) Renewal applications filed or completed after the renewal lapse date are subject to a reinstatement fee in the amount of five hundred dollars. (G) A certified public accountant, accounting practitioner, or public accountant whose license has lapsed or has been inactive for: (1) fewer than three years, the license may be reinstated by applying to the board, submitting proof of completing forty continuing professional education units for each year the license has lapsed or has been inactive, and paying the reinstatement fee; (2) three or more years, the license may be reinstated upon completion of six months of additional experience, and one hundred twenty hours of continuing professional education; (3) an indefinite period and has active status outside of this State may reinstate the license by submitting an application under Section 40-2-240. Effect of Amendment 2014 Act No. 268, SECTION 5, in subsection (F), inserted ", accounting practitioner,". 2015 Act No. 51, SECTION 7, rewrote the section. 2022 Act No. 174, SECTION 1, rewrote the section.
S.C. Code Ann. § 40-25-50 — SC Code / Title 40 / Chapter 25 / Section 40-25-50
SECTION 40-25-50. Duties of commission.
Status: in_force

The commission shall: (1) advise the department in all matters relating to this chapter; (2) prepare the examinations required by this chapter for the department; (3) assist the department in carrying out this chapter; (4) keep a record of its proceedings and a register of persons licensed under this chapter; (5) make a report each year to the Governor of all its official acts during the preceding year; (6) meet not less than once each year at a place, day, and hour determined by the commission and meet at other times and places requested by the department.
S.C. Code Ann. § 40-57-760 — SC Code / Title 40 / Chapter 57 / Article 7 / Section 40-57-760
SECTION 40-57-760. Imposition of costs; collection.
Status: in_force

Imposition and collection of all costs and fines imposed pursuant to this chapter must comply with Section 40-1-180. Effect of Amendment 2016 Act No. 170, SECTION 1, reenacted this section with no changes. 2024 Act No. 204, SECTION 3, reenacted the section with no apparent change.
S.C. Code Ann. § 40-79-60 — SC Code / Title 40 / Chapter 79 / Section 40-79-60
SECTION 40-79-60. Rules and regulations.
Status: in_force

The board may adopt rules governing its proceedings and may promulgate regulations necessary to carry out the provisions of this chapter.
S.C. Code Ann. § 40-82-160 — SC Code / Title 40 / Chapter 82 / Section 40-82-160
SECTION 40-82-160. Appeal.
Status: in_force

A person aggrieved by a final action of the board may seek review of the decision in accordance with Section 40-1-160.
S.C. Code Ann. § 40-37-410 — SC Code / Title 40 / Chapter 37 / Section 40-37-410
SECTION 40-37-410. Severability.
Status: in_force

If a provision of this chapter or the application of a provision to a person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter that can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.
S.C. Code Ann. § 40-81-370 — SC Code / Title 40 / Chapter 81 / Section 40-81-370
SECTION 40-81-370. Promoters' representatives.
Status: in_force

Before a permit is issued, all promoters' representatives must be identified and licensed by the commission.
S.C. Code Ann. § 40-43-110 — SC Code / Title 40 / Chapter 43 / Section 40-43-110
SECTION 40-43-110. License expiration; license renewals; lapsed licenses.
Status: in_force

(A) A license issued by the board pursuant to this chapter expires annually on April thirtieth. (B) A pharmacist who wishes to renew his license in an active status must submit a renewal application to the board. If mailed, the board must receive the application before April first, including all required fees, data, and certification of acceptable continuing education. If not postmarked before April first, a penalty of fifty dollars must be assessed. (C) A pharmacist who wishes to renew his license in an inactive status must submit a renewal application to the board. If mailed, the board must receive the application before April first, including all required fees and data; however, no continuing education is required. If not postmarked before April first a penalty of fifty dollars must be assessed. The license certificate must be prominently marked as an inactive license, and the holder may not practice pharmacy under any conditions in this or any state based on the South Carolina license. If the pharmacist wishes to reactivate the license, he shall complete the required continuing education for license renewal, plus an additional fifteen hours which must have been obtained during the calendar year immediately preceding the date of the reactivation application. (D) A license which has not been renewed before May first is a lapsed license. A person who practices pharmacy with a license that has lapsed is practicing without a license. Reinstatement of a lapsed license must be granted upon evidence satisfactory to the board, subject to disciplinary actions for the failure to renew the license within the prescribed period, and payment of the renewal fee and a penalty of fifty dollars and any other required penalty. (E) A pharmacist whose license has lapsed for three years or less may reinstate his license by applying to the board, submitting proof of completion of fifteen hours of acceptable continuing education for each year the license has been lapsed, and paying the renewal fee and any applicable penalty. (F) A pharmacist whose license has lapsed for more than three years and who has been actively practicing pharmacy in another state may reinstate his license by applying to the board, submitting evidence of at least one thousand hours of out-of-state employment in the practice of pharmacy within the last three years, official verification of a current license in another state, proof of completion of sixty hours of acceptable continuing education, and paying the renewal fee and any applicable penalty. (G) A pharmacist whose license has lapsed for more than three years and who has not been actively practicing pharmacy in another state may reinstate his license by applying to the board, demonstrating to the board evidence of at least one thousand hours of practice under the on-site supervision of a pharmacist licensed in this State, successfully passing the Multistate Pharmacy Jurisprudence Examination, submitting proof of completion of sixty hours of acceptable continuing education, and paying the renewal fee and any applicable penalty. (H) An assistant pharmacist currently licensed has all the rights and privileges of a licensed pharmacist. (I) The board may not issue temporary licenses.
S.C. Code Ann. § 40-85-170 — SC Code / Title 40 / Chapter 85 / Section 40-85-170
SECTION 40-85-170. Appeal.
Status: in_force

A person aggrieved by a final action of the board may seek review of the decision in accordance with Section 40-1-160.
S.C. Code Ann. § 40-15-120 — SC Code / Title 40 / Chapter 15 / Article 1 / Section 40-15-120
SECTION 40-15-120. Penalties for practice of dentistry or dental hygiene without license and for performance of dental or orthodontic technological work by unregistered person.
Status: in_force

(A) It is unlawful for a person to: (1) practice or attempt or offer to practice dentistry or dental hygiene in the State without having been licensed by the board; or (2) practice or attempt or offer to practice dentistry or dental hygiene, or perform dental technological work in the State during any period of suspension or revocation of his license or registration certificate; or (3) perform dental technological work without being registered by the board or if unregistered, without performing the work under the direction and control of a registered dental technician present on the premises or under the direction and control of a licensed dentist and on the dentist's premises; or (4) perform orthodontic technological work without being a registered dental or orthodontic technician or if unregistered, without performing the work under the direction or control of a registered dental or orthodontic technician and on the technician's premises, or under the direction and control of a licensed dentist and on the dentist's premises. (B) A person violating subsection (A) is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than six months or both. Each day a violation occurs constitutes a separate offense.
S.C. Code Ann. § 40-35-115 — SC Code / Title 40 / Chapter 35 / Section 40-35-115
SECTION 40-35-115. Jurisdiction.
Status: in_force

The board has jurisdiction over the actions of licensees and former licensees as provided for in Chapter 1. Editor's Note Prior Laws:1997 Act No. 66, SECTION 1.
S.C. Code Ann. § 40-8-170 — SC Code / Title 40 / Chapter 8 / Section 40-8-170
SECTION 40-8-170. Voluntary surrender of license.
Status: in_force

A licensee who is under investigation for any of the grounds provided for in Section 40-8-150 for which the board may take disciplinary action may voluntarily surrender his license to the board in accordance with the provisions of Section 40-1-150.
S.C. Code Ann. § 40-20-120 — SC Code / Title 40 / Chapter 20 / Section 40-20-120
SECTION 40-20-120. Direct third-party reimbursement.
Status: in_force

Nothing in this chapter may be construed to require direct third-party reimbursement to persons licensed under this chapter.
S.C. Code Ann. § 40-63-170 — SC Code / Title 40 / Chapter 63 / Article 1 / Section 40-63-170
SECTION 40-63-170. Costs of investigation and prosecution.
Status: in_force

As provided for in Section 40-1-170, 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.
S.C. Code Ann. § 40-22-20 — SC Code / Title 40 / Chapter 22 / Section 40-22-20
SECTION 40-22-20. Definitions.
Status: reserved

As used in this chapter: (1) "ABET" means the Accreditation Board for Engineering and Technology. "EAC" means the Engineering Accreditation Commission of ABET. "TAC" or "ETAC" means the Engineering Technology Accreditation Commission of ABET. (2) "Approved engineering curriculum" means an engineering program of four or more years determined by the board to be substantially equivalent to that of an EAC/ABET accredited curriculum or the NCEES Engineering Education Standard. (3) "Board" means the South Carolina State Board of Registration for Professional Engineers and Surveyors created pursuant to this chapter. (4) "Branch office" means a place of business separate from the principal place of business where engineering services or surveying services are provided. A specific project or construction site office is not a branch office. Nothing contained in this chapter prevents a professional engineer or professional surveyor from undertaking an engineering project or a surveying project anywhere in the State. (5) "Current certificate of registration" means a license to practice which has not expired or has not been revoked and which has not been suspended or otherwise restricted by the board. (6) "Department" means the Department of Labor, Licensing and Regulation. (7) "Design coordination" includes the review and coordination of those technical submissions prepared by others, including as appropriate and without limitation, consulting engineers, architects, landscape architects, surveyors, and other professionals working under the direction of the engineer. (8) "Direct responsibility", "direct supervisory control", "direct supervision", and "responsible charge" means that there is a clear-cut personal connection to the project or employee supervised, marked by firsthand knowledge and direct control and assumption of professional responsibility for the work. (9) "Emeritus engineer" or "emeritus surveyor" means a professional engineer or surveyor who has been registered for fifteen consecutive years or longer and who is sixty-five years of age or older and who has retired from active practice. (10) "Engaged in practice" means holding one's self out to the public as being qualified and available to perform engineering or surveying services. (11) "Engineer" means a professional engineer as defined in this section. (12) "Engineering surveys" means all minor survey activities required to support the sound conception, planning, design, construction, maintenance, operation, and investigation of engineered projects but exclude the surveying of real property for the establishment of land boundaries, rights-of-way, and easements and the independent surveys or resurveys of general land masses. (13) "Engineer-in-training" means a person who has qualified for and passed the NCEES Fundamentals of Engineering examination as provided in this chapter and is entitled to receive a certificate as an engineer-in-training. (14) "Ethics" means conduct that conforms to professional standards of conduct. (15) "Firm" means a business entity functioning as a sole proprietorship, partnership, limited liability partnership, professional association, professional corporation, business corporation, limited liability company, joint venture, or other legally constituted organization which practices or offers to practice engineering or surveying, or both. (16) "Fraud or deceit" means intentional deception to secure gain, through attempts deliberately to conceal, mislead, or misrepresent the truth in a manner that others might take some action in reliance or an act which provides incorrect, false, or misleading information on which others might rely. (17) "GIS" means geographic information systems. (18) "Good character" refers to a person of good moral character and one who has not been convicted of a violent crime, as defined in Section 16-1-60, or a crime of moral turpitude. (19) "Gross negligence" means an act or course of action, or inaction, which denotes a lack of reasonable care and a conscious disregard or indifference to the rights, safety, or welfare of others and which does or could result in financial loss, injury, or damage to life or property. (20) "Incompetence" means the practice of engineering or surveying by a licensee determined to be either incapable of exercising ordinary care and diligence or lacking the ability and skill necessary to properly perform the duties undertaken. (21) "Licensed" means authorized by this board, pursuant to the statutory powers delegated by the State to this board, to engage in the practice of engineering, or surveying, or engineering and surveying, as evidenced by the board's certificate issued to the registered license holder. (22) "Misconduct" means the violation of a provision of this chapter or of a regulation promulgated by the board pursuant to this chapter. (23) "NCEES examination" means those written or electronic tests developed and administered by the National Council of Examiners for Engineering and Surveying for the purpose of providing one indication of competency to practice engineering. (24) "Person" means an individual human being, firm, partnership, or corporation. (25) "Practice of engineering" means any service or creative work, the adequate performance of which requires engineering education, training, and experience in the application of special knowledge of the mathematical, physical, and engineering sciences to such services or creative work as commissioning, consultation, investigation, expert technical testimony, evaluation, design and design coordination of engineering works and systems, design for development and use of land and water, performing engineering surveys and studies, and the review of construction for the purpose of monitoring compliance with drawings and specifications, any of which embraces such services or work, either public or private, in connection with any utilities, structures, buildings, machines, equipment, processes, work systems projects, and industrial or consumer products or equipment of control systems, chemical, communications, mechanical, electrical, environmental, hydraulic, pneumatic, or thermal nature, insofar as they involve safeguarding life, health, or property, and including such other professional services as may be necessary to the planning, progress, and completion of any engineering services. The mere execution, as a contractor, of work designed by a professional engineer or supervision of the construction of such work as a foreman or superintendent is not considered the practice of engineering. A person must be construed to practice or offer to practice engineering, within the meaning and intent of this chapter who: (a) practices any branch of the profession or discipline of engineering; (b) by verbal claim, sign, advertisement, letterhead, card, or in any other way represents himself to be a professional engineer or through the use of some other title implies that he is a professional engineer or that he is licensed under this chapter; or (c) holds himself out as able to perform or does perform any engineering service or work or any other professional service designated by the practitioner or which is recognized as engineering. (26) "Practice of TIER A surveying" means providing professional services including, but not limited to, consultation investigation, testimony evaluation, expert technical testimony, planning, mapping, assembling, and interpreting reliable scientific measurements and information relative to the location, size, shape, or physical features of the earth, the space above the earth, or part of the earth, and utilization and development of these facts and interpretation into an orderly survey map, site plan, report, description, or project. The practice of TIER A surveying consists of three separate disciplines: land surveying, photogrammetry, and geographic information systems. A surveyor may be licensed in one or more of the disciplines and practice is restricted to only the discipline or disciplines for which the land surveyor is licensed. The practice of TIER A surveying does not include the use of geographic information systems to create maps pursuant to Section 40-22-290, analyze data, or create reports. The scope of the individual disciplines are identified as follows: (a) Land surveyor: (1) locates, relocates, establishes, reestablishes, lays out, or retraces any property line or boundary of any tract of land or any road, right-of-way, easement, alignment, or elevation of any fixed works embraced within the practice of land surveying, or makes any survey for the subdivision of land; (2) determines, by the use of principles of land surveying, the position for any survey monument or reference point; or sets, resets, or replaces such monument or reference; determines the topographic configuration or contour of the earth's surface with terrestrial measurements; conducts hydrographic surveys; (3) conducts geodetic surveying which includes surveying for determination of geographic position in an international three-dimensional coordinate system, where the curvature of the earth must be taken into account when determining directions and distances; geodetic surveying includes the use of terrestrial measurements of angles and distances, as well as measured ranges to artificial satellites. (b) A photogrammetric surveyor determines the configuration or contour of the earth's surface or the position of fixed objects on the earth's surface by applying the principles of mathematics on remotely sensed data, such as photogrammetry. (c) A geographic information systems surveyor creates, prepares, or modifies electronic or computerized data including land information systems and geographic information systems relative to the performance of the activities described in subitems (a) and (b). (d) An individual licensed only as a geodetic surveyor before July 1, 2004, determines the geographic position in an international three-dimensional coordinate system, where the curvature of the earth must be taken into account when determining directions and distances; geodetic surveying includes the use of terrestrial measurements of angles and distances, as well as measured ranges to artificial satellites. A geodetic surveyor is not authorized to perform the other services a land boundary surveyor is authorized to perform. (27) "Practice of TIER B land surveying" includes all rights and privileges of TIER A surveying discipline defined in item (26)(a); and in addition to these rights and privileges, TIER B land surveying includes, for subdivisions, preparing and furnishing subdivision plans for sedimentation and erosion control and storm drainage systems, if the systems do not require the structural design of system components and are restricted to the use, where relevant, of any standards prescribed by local, state, or federal authorities. Regulations defining the scope of the additional powers granted to TIER B land surveyors must be promulgated by the board. (28) "Private practice firm" means a firm as defined herein through which the practice of engineering or surveying would require a certificate of authorization as described in this chapter. (29) "Private practitioner" means a person who individually holds himself out to the general public as able to perform, or who individually does perform, the independent practice of engineering or surveying. (30) "Professional engineer" means a license holder who, by reason of his special knowledge of the mathematical and physical sciences and the principles and methods of engineering analysis and design, acquired by professional education and practical experience, is qualified to practice engineering as defined in this section as attested by his license and registration as a professional engineer in this State. (31) "Professional surveyor" means a licensee who is qualified to practice any discipline of TIER A or TIER B surveying in this State, as defined in this section and as attested by his license and registration as a TIER A or TIER B professional surveyor in this State. (32) "Professions of architecture, landscape architecture, and geology" mean those specified professions as defined by the laws of this State and applicable regulations. (33) "Registered" means the engineer or surveyor is licensed and registered in the State. (34) "Resident professional engineer" or "resident professional surveyor", with respect to principal office and branch office requirements, means a licensed practitioner who spends a majority of each normal workday in the principal or branch office. (35) "Retired from active practice" means not engaging or offering to engage in the practice of engineering or surveying as defined in this section. (36) "Surveyor-in-training" means a person who has qualified for and passed the NCEES Fundamentals of Surveying examination as provided in this chapter and is entitled to receive a certificate as a surveyor-in-training. Editor's Note Prior Laws: 1991 Act No. 99, SECTION 1; 1993 Act No. 185, SECTIONS 2, 3; 1976 Code SECTION 40-22-10. Effect of Amendment 2016 Act No. 259, SECTION 3, in (1), inserted "ETAC", and inserted "Engineering" before "Technology Accreditation"; in (2), inserted "or the NCEES Engineering Education Standard"; deleted former (3), reserved paragraph, and redesignated (4) through (9) as (3) through (8); in (4), inserted "project" following "undertaking an engineering" in the last sentence; in (8), substituted "means that" for "all mean that"; redesignated former (33) as (9), definition of "Emeritus engineer"; added (10), definition for "Engaged in practice"; redesignated former (10) through (12) as (11) through (13); in (11), substituted "means all" for "include all"; in (13), inserted "NCEES"; added (14), definition of "Ethics"; redesignated former (13) through (18) as (15) through (20); redesignated former (19) as (36); redesignated former (20) through (22) as (21) through (23); added (24), definition of "Person"; redesignated former (23) through (32) as (25) through (34); in (25), inserted "commissioning," following "creative work as", inserted "chemical," before "communications", and inserted "environmental," following "electrical,"; in (25)(a), inserted "or discipline"; in (27), deleted "the" before "TIER A", and substituted "item (26)(a)" for "Section 40-22-20(24)(a)"; in (31), substituted "licensee" for "person", and deleted "legal" before "license"; redesignated former (34) as (35); and in (36), definition of "Surveyor-in-training", inserted "NCEES".
S.C. Code Ann. § 40-45-130 — SC Code / Title 40 / Chapter 45 / Article 1 / Section 40-45-130
SECTION 40-45-130. Grounds for denial or restrictions of license may be same as for disciplinary action.
Status: in_force

As provided in Section 40-1-130, the board may restrict or 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. § 40-59-280 — SC Code / Title 40 / Chapter 59 / Article 1 / Section 40-59-280
SECTION 40-59-280. Proof of licensure as condition of issuance of local building permit; reports of violations.
Status: in_force

The building official, or other authority charged with the duty of issuing building or similar permits, of any incorporated municipality or subdivision of the municipality or county shall refuse to issue a permit for an undertaking which requires licensure or registration under this chapter unless the applicant has furnished evidence that he is either licensed or registered in accordance with this chapter or exempt from the requirements of this chapter. The building official, or other authority charged with the duty of issuing building or similar permits, also shall report to the commission the name and address of an person who, in his opinion, has violated this chapter by accepting or contracting to accomplish work requiring licensure or registration under this chapter when the person has not produced evidence of licensure or registration or exemption from this chapter.
S.C. Code Ann. § 40-37-10 — SC Code / Title 40 / Chapter 37 / Section 40-37-10
SECTION 40-37-10. South Carolina Board of Examiners in Optometry; membership; terms; conduct of business by positive majority vote.
Status: in_force

(A) There is created the South Carolina Board of Examiners in Optometry, which consists of seven members. Five members must be licensed optometrists appointed by the Governor upon nomination by all licensed optometrists in this State through an election conducted by the board. The Governor may reject any or all of those nominated upon satisfactory showing of the unfitness of those rejected. If the Governor declines to appoint any of the nominees submitted, additional nominees must be submitted in the same manner as the initial nominees. Vacancies must be filled in the manner of the original appointment for the unexpired portion of the term. Two members of the board must be members of the general public who do not derive their income or support from any optical or optical-related business and who are not related to an optometrist or a person engaged in an optical-related business. The members from the general public may be nominated by any individual, group, or association and must be appointed by the Governor in accordance with Chapter 1 of Title 40. (B) The members of the board serve terms of four years and until their successors are appointed and qualify. No person may serve more than two consecutive four-year terms; however, a person appointed to fill an unexpired term may be reappointed for two additional four-year terms. The Governor may remove a member of the board in accordance with Section 1-3-240. No member may be removed without first giving the member an opportunity to refute the charges filed against the member, who must be given a copy of the charges at the time they are filed. (C) Any business conducted by the board must be by a positive majority vote. For purposes of this subsection "positive majority vote" means a majority vote of the entire membership of the board, reduced by any vacancies existing at the time. Editor's Note Prior Laws:1917 (30) 1; Civ. C. '22 SECTION 2455; 1932 Code SECTION 5234; 1932 (37) 1333; 1942 Code SECTION 5234; 1952 Code SECTION 56-1053; 1962 Code SECTION 56-1053; 1978 Act No. 570, SECTION 3; 1982 Act No. 395, SECTION 1; 1993 Act No. 65, SECTION 4; 1976 Code SECTION 40-37-20.
S.C. Code Ann. § 40-6-380 — SC Code / Title 40 / Chapter 6 / Section 40-6-380
SECTION 40-6-380. Severability.
Status: in_force

If a provision of this chapter or the application of a provision to a person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.
S.C. Code Ann. § 40-61-120 — SC Code / Title 40 / Chapter 61 / Section 40-61-120
SECTION 40-61-120. Requirement of certificate.
Status: in_force

It is unlawful for any person to practice as a registered environmental sanitarian or represent himself as a registered environmental sanitarian unless the person has fully complied with the provisions of this chapter and has been issued a current certificate of registration.
S.C. Code Ann. § 40-56-170 — SC Code / Title 40 / Chapter 56 / Section 40-56-170
SECTION 40-56-170. Payment of investigation and prosecutions costs.
Status: in_force

A person found in violation of this chapter or a regulation promulgated pursuant this chapter may be required to pay costs associated with the investigation and prosecution of the case pursuant to Chapter 1.
S.C. Code Ann. § 40-81-170 — SC Code / Title 40 / Chapter 81 / Section 40-81-170
SECTION 40-81-170. Payment of costs.
Status: in_force

A person found in violation of this chapter or a regulation promulgated pursuant to this chapter may be required to pay costs associated with the investigation, inspection, and prosecution of the case in accordance with Section 40-1-170.
S.C. Code Ann. § 40-5-60 — SC Code / Title 40 / Chapter 5 / Article 1 / Section 40-5-60
SECTION 40-5-60. General Assembly not precluded from prohibiting practice of law by any class.
Status: in_force

Nothing in SECTIONS 40-5-10 to 40-5-50 shall preclude the General Assembly from prohibiting the practice of law in this State by any class of individuals.
S.C. Code Ann. § 40-39-90 — SC Code / Title 40 / Chapter 39 / Section 40-39-90
SECTION 40-39-90. Recordkeeping; electronic transfers; database.
Status: in_force

(A) Records kept by pawnbrokers pursuant to this chapter must at all reasonable times be open to the inspection by court officials, law enforcement officers, the Administrator of the Department of Consumer Affairs, and their designees. Any loan records identifying any individual must be handled in a confidential manner at all times. (B) Pawnshops operating in this State shall provide all records of pledged items by electronic data transfer to a database system accessible by law enforcement and approved by the South Carolina Department of Consumer Affairs. Editor's Note Prior Laws:1900 (23) 427; Civ. C. '02 SECTION 1753; Civ. C. '12 SECTION 2629; Civ. C. '22 SECTION 3950; 1932 Code SECTION 7134; 1942 Code SECTION 7134; 1952 Code SECTION 56-1159; 1962 Code SECTION 56-1159. Effect of Amendment 2018 Act No. 191, SECTION 2, inserted the (A) designator; added (B), relating to the requirement that pawnshops provide all records of pledged items by electronic data transfer to a database system; and made a nonsubstantive change.
S.C. Code Ann. § 40-47-915 — SC Code / Title 40 / Chapter 47 / Article 7 / Section 40-47-915
SECTION 40-47-915. Application of article.
Status: in_force

This article does not apply to a person: (1) who is employed as a PA by the United States Government, where such services are provided solely under the direction or control of the United States Government; (2) pursuing a course of study leading to a degree or certificate to practice as a physician assistant in a program accredited by the Accreditation Review Commission on Education for the Physician Assistant, or its successor agency, provided, however, the person must be clearly identified by a badge or other adornment with that person's name and the words "Physician Assistant Student" clearly legible. The badge or adornment must be at least one inch by three inches in size. Effect of Amendment 2019 Act No. 32, SECTION 2, in (1), substituted "PA" for "physician assistant"; in (2), substituted "accredited by the Accreditation Review Commission on Education for the Physician Assistant, or its successor agency, provided," for "approved by the Commission on Accreditation of Allied Health Education Programs or its successor agency, where such activities and services constitute a part of a supervised course of study;"; and made nonsubstantive changes.
S.C. Code Ann. § 40-47-625 — SC Code / Title 40 / Chapter 47 / Article 5 / Section 40-47-625
SECTION 40-47-625. Temporary licenses.
Status: in_force

The board may issue a temporary license if all licensing requirements have been met.
S.C. Code Ann. § 40-47-550 — SC Code / Title 40 / Chapter 47 / Article 5 / Section 40-47-550
SECTION 40-47-550. Terms of committee members; appointment and removal; expenses.
Status: in_force

The members shall serve for terms of four years and until their successors are appointed and qualify, except that initial terms of two practitioners, the consumer member, and one physician, are for two years. Vacancies must be filled in the manner of the original appointment for the unexpired portion of a term. The board, after notice and opportunity for hearing, may remove any member of the committee for neglect of duty, incompetence, revocation or suspension of certification, or other dishonorable conduct. Members of the committee shall receive mileage, subsistence, and per diem provided by law for members of state boards, commissions, and committees for each meeting attended. No member may serve more than one full four-year term consecutively, but he is eligible for reappointment two years from the date the full four-year term expires.
S.C. Code Ann. § 40-59-210 — SC Code / Title 40 / Chapter 59 / Article 1 / Section 40-59-210
SECTION 40-59-210. Cease and desist orders; penalties; injunction.
Status: in_force

(A) In addition to all other remedies provided by law, when it appears to the commission, either upon complaint or otherwise, that a person or combination of persons has engaged, or is engaging, in an act of contracting, practice, or transaction which constitutes a violation of this chapter or any regulation or order of the commission, whether or not the person is properly licensed or registered with the commission, the commission may: (1) serve upon the person not licensed or registered under the chapter, by certified mail or by personal service, a cease and desist order requiring the person to cease and desist from engaging in the act, practice, or transaction immediately upon receipt of the order. If the person fails to comply with the order, the director or a designee may file an action with an administrative law judge for enforcement of the cease and desist order or file an action pursuant to item (2) for wilful violation of the order. If the administrative law judge finds that the person wilfully failed to obey a valid cease and desist order, the court shall impose a civil penalty of not less than two hundred fifty dollars and not more than two thousand dollars for each violation. Any amount collected as a civil penalty must be remitted pursuant to subsection (B); (2) apply, on its behalf, through the Attorney General, the Director of the Department of Consumer Affairs, the county attorney, or solicitor of the county in which the violation is alleged to have been committed, to the court of common pleas of that county for an injunction restraining the person from further violation. Upon a proper showing, a temporary restraining order, a preliminary injunction, or a permanent injunction may be granted without bond. Process in the action may be served upon the defendant in any county of this State where the defendant transacts business or is found. (B) In actions brought under item (2) of subsection (A), each violation of this chapter or regulation or order of the commission constitutes a separate offense, and the court may impose a civil penalty not to exceed two thousand dollars for each violation which is in addition to all other penalties provided by law.
S.C. Code Ann. § 40-42-20 — SC Code / Title 40 / Chapter 42 / Section 40-42-20
SECTION 40-42-20. Requirements for licensees who provide health care via telehealth.
Status: in_force

(A) A licensee who provides health care via telehealth: (1) may only provide health care within his scope of practice; (2) shall adhere to the same standard of care as required for in-person care and must be evaluated according to the standard of care applicable to the licensee's area of specialty. The failure of a licensee to conform to the appropriate standard of care is considered unprofessional conduct and may be disciplined according to the licensee's respective practice act and pursuant to Section 40-42-10(3); (3) shall generate and maintain confidentiality of a patient's records and disclose the records to the patient consistent with state and federal laws, rules, and regulations; provided, that licensees practicing telemedicine must be held to the same standards of professionalism concerning medical records transfer and communication with the primary care provider and medical home as licensees practicing by traditional means; (4) shall, if authorized by the licensee's respective practice act and within his scope of practice, prescribe in accordance with all applicable state and federal laws, including his respective practice act, rules and regulations, and standards required by such practice authorization; (5) must be licensed in this State; provided, however, a licensee need not reside or maintain a physical office in this State to be considered actively practicing medicine if he has a valid, current license issued by the applicable licensing board in this State; further provided that a licensee residing in this State who intends to practice via telehealth to treat or diagnose patients outside of this State shall comply with other state licensing boards; and (6) shall maintain a controlled substances registration with South Carolina's Bureau of Drug Control if prescribing controlled substances. (B) Nothing in this section may be construed to prohibit electronic communications between a licensee and patient with a preexisting licensee-patient relationship, between a licensee and another licensee concerning a patient with whom the other licensee has a licensee-patient relationship, or between a licensee and a patient when treatment is provided pursuant to an on-call situation or a cross-coverage situation. (C) In addition to the provisions of subsection (A), a licensee who establishes or maintains a licensee-patient relationship solely via telehealth shall: (1) adhere to current standards for practice improvement and monitoring of outcomes and provide reports containing this information upon request of his respective licensing board; (2) provide an appropriate evaluation before providing health care to the patient, which need not be done in person, if the licensee determines he is able to appropriately provide health care to the patient via telehealth in conformity with the same standard of care required for in-person care; (3) ensure availability of appropriate follow-up care; (4) verify the identity and location of the patient and inform the patient of the licensee's name, location, and professional credentials; and (5) only prescribe: (a) if specifically authorized by his respective practice act; (b) within his scope of practice; and (c) in accordance with federal and state laws, rules, standards provided in the practice act and, if applicable, any practice agreement or scope of practice guidelines. (D) A licensee or any other person involved in a telehealth encounter must: (a) be trained in the use and operation of the telehealth equipment; and (b) demonstrate competence in the use and operation of telehealth equipment. (E) Notwithstanding any of the provisions of this section, a licensee's respective licensing board retains all authority with respect to telehealth practice in accordance with the authorization provided to him by his respective practice act.