S.C. Code Ann. § 40-9-30 — SC Code / Title 40 / Chapter 9 / Section 40-9-30
SECTION 40-9-30. Board of Chiropractic Examiners; members; terms; removal; quorum and meetings; regulations; powers.
Status: in_force

(A) There is created the South Carolina Board of Chiropractic Examiners consisting of nine members. One licensed chiropractor must be appointed by the Governor from each congressional district and must be a chiropractor residing and practicing in the district the chiropractor represents. The board shall certify in writing to the Governor the names of the two nominees who received the highest number of votes in each district's election conducted pursuant to Section 40-9-37. The Governor may reject any or all of the nominees upon satisfactory showing of the unfitness of those rejected. If the Governor declines to appoint any of the nominees submitted, additional nominees must be submitted in the same manner. One member of the board, who must be a licensed and practicing chiropractor, must be appointed by the Governor from the State at large, and one member, who may not be a member of the chiropractic or medical profession, must be appointed by the Governor from the State at large. The conduct of the balloting for the nominees for the board from the respective congressional districts is the responsibility of the Board of Chiropractic Examiners. Each chiropractic member must be a licensed and practicing chiropractor in South Carolina in good standing for a period of five years preceding the date of appointment to the board. (B) All terms are for four years and until their successors are appointed and qualify. The Governor may remove a member of the board who is guilty of continued neglect of board duties, guilty of a misdemeanor or a felony, or who is found to be incompetent. No member may be removed without first giving the member an opportunity to refute the charges filed against that member who must be given a copy of the charges at the time they are filed. (C) The South Carolina Board of Chiropractic Examiners shall meet at least twice a year at a time and place as determined by the board. The board shall hold elections for its officers each year. The board may call additional meetings when necessary for the transaction of board business. The board shall adopt regulations for its government, for judging the professional and ethical competence of chiropractors, including compliance with the code of chiropractic ethics, and for the discipline of chiropractors. A majority of the board constitutes a quorum for the transaction of business. (D) The board may: (1) establish suitable procedures for carrying out its duties pursuant to this chapter; (2) execute certificates which must be accepted in the courts of this State and by an administrative law judge as provided under Article 5, Chapter 23, Title 1 as the best evidence of the minutes of the board and the best evidence of whether a person is registered under the requirements of this chapter; (3) promulgate regulations not inconsistent with the law as may be necessary to carry out this chapter including, but not limited to, regulations concerning patient care and treatment, solicitation of patients, and advertising; however, the board may not prohibit or discriminate against advertising in any particular media; (4) conduct investigations and cause the prosecution of all persons violating this chapter and have power to incur necessary expenses for this; (5) keep a record of all its proceedings; (6) fix the time for holding its meetings; (7) examine, license, and renew the licenses of qualified applicants and certify applicants as to their ability and as to the degree of their practice of chiropractic as authorized under the laws of this State; however, the nonchiropractic member of the board may not participate in the examination of a license applicant on matters of technical or professional nature; the board shall use the National Board Examination of the National Board of Chiropractic Examiners in lieu of the state written examination for persons graduating from an approved chiropractic college pursuant to Section 40-9-40 after July 1, 1982; (8) judge the professional and ethical competence of chiropractors, establish a code of chiropractic ethics, and provide for the discipline of chiropractors; (9) order the revocation, suspension, or restriction of the license of a licensee to practice chiropractic or take other disciplinary action, including assessing a civil fine for a violation of this chapter; (10) assess and collect costs from a licensee for investigating a complaint and conducting proceedings pursuant to this chapter. Editor's Note 2012 Act No. 222, SECTION 15, provides as follows: "SECTION 15. Notwithstanding any other provision of law to the contrary, any person elected or appointed to serve, or serving, as a member of any board, commission, or committee to represent a congressional district, whose residency is transferred to another district by a change in the composition of the district, may serve, or continue to serve, the term of office for which he was elected or appointed; however, the appointing or electing authority shall appoint or elect an additional member on that board, commission, or committee from the district which loses a resident member on it as a result of the transfer to serve until the term of the transferred member expires. When a vacancy occurs in the district to which a member has been transferred, the vacancy must not be filled until the full term of the transferred member expires." Effect of Amendment The 2012 amendment substituted "nine" for "eight" and inserted "from the State at large" in subsection (A); substituted "promulgate" for "adopt and revise" in subsection (D)(3); in subsection (D), unreserved item (6), and redesignated former items (7) through (11) as items (6) through (10); and made other nonsubstantive changes.
S.C. Code Ann. § 40-33-30 — SC Code / Title 40 / Chapter 33 / Article 1 / Section 40-33-30
SECTION 40-33-30. Licensing requirement; use of title "nurse"; exceptions; establishment of policies to cover special health care needs.
Status: in_force

(A) A person may not practice nursing without an active license issued in accordance with this chapter. A South Carolina license as an advanced practice registered nurse or registered nurse is required for a person located in another state to provide nursing services to a recipient located in this State at the time nursing services are provided. A licensee located in this State who provides nursing services to a recipient located in another state must be properly licensed in this State and comply with any applicable licensing requirements where the recipient of nursing services is located at the time the services are provided. (B) It is unlawful for a person to practice as an advanced practice registered nurse, a registered nurse, or a licensed practical nurse in this State, or to use the abbreviation "APRN", "RN", or "LPN" or any variation or subdesignation of these, or use any title, sign, card, or device to indicate that the person is a nurse, or that the person is practicing as a nurse, within the meaning of this chapter, unless the person is actively licensed under the provisions of this chapter. (C) A person may not use the word "nurse" as a title, or use an abbreviation to indicate that the person is practicing in this State as a nurse, unless the person is actively licensed as a nurse as provided for in this chapter. If the term "nurse" is part of a longer title, such as "nurse's aide", a person who is entitled to use that title shall use the entire title and may not abbreviate the title to " nurse". This does not prohibit the use of the title "nurse" by persons who hold a temporary permit pending licensure by endorsement from another jurisdiction, and it does not prohibit the use of the title "nurse" by persons enrolled in a board-approved refresher course for the purpose of obtaining an active South Carolina license. (D) A provision of this chapter may not be construed to prohibit: (1) gratuitous nursing care by friends or members of the family; (2) the incidental care of the sick by domestic servants or persons primarily employed as housekeepers as long as they do not practice nursing within the meaning of this chapter; (3) nursing assistance in case of an emergency; (4) the practice of nursing by students enrolled in approved nurse education programs; (5) the practice of nursing in this State by a legally qualified nurse of another state whose engagement requires the nurse to accompany and care for a patient temporarily residing in this State during the period of one engagement, not to exceed six months, if the person does not represent or hold herself or himself out as a nurse licensed to practice in this State; (6) the practice of any legally qualified nurse of another state who is employed by the United States government or any bureau, division, or agency of the United States government, while in the discharge of official duties; (7) care given to maternity patients, in the performance of their duties by licensed midwives trained and supervised under the authority of the South Carolina Department of Health and Environmental Control, so long as these midwives confine care to maternity patients only and do not claim to be licensed nurses or certified nurse-midwives; (8) the practice of nursing by a licensed nurse of another state who is enrolled in a board-approved course of study or board-approved experimental or experiential project requiring nursing practice as a part of the educational program; (9) a person not licensed under this chapter from providing attendant care services directed by or on behalf of an individual in need of in-home care; and (10) performance of an act which a person would normally perform if the person were physically and cognitively able. (E) The South Carolina Department of Health and Environmental Control may establish policies that authorize licensed registered nurses to provide health care under the direction of a physician licensed to practice medicine in this State and under the guidance of a registered pharmacist including, but not limited to, the dispensing of drugs for the treatment of tuberculosis and sexually transmitted diseases, HIV/AIDS, maternal and child care, children with special health care needs, family planning, immunizations, and any other public health program. The original diagnosis and treatment as prescribed by the physician must be maintained on the individual patient's records. The provisions of this chapter must not be construed to require the employment of registered pharmacists at local health clinics for the guidance of registered nurses in the dispensing of drugs in accordance with these provisions. Editor's Note Prior Laws:1935 (39) 173; 1942 Code SECTIONS 5230, 5223; 1947 (45) 579; 1952 Code SECTIONS 56-953, 56-981; 1962 Code SECTIONS 56-953, 56-981; 1969 (56) 263; 1987 Act No. 114, SECTION 2; 1989 Act No. 137, SECTION 2; 1976 Code SECTIONS 40-33-20; 40-33-510.
S.C. Code Ann. § 40-22-30 — SC Code / Title 40 / Chapter 22 / Section 40-22-30
SECTION 40-22-30. Practice without a license; penalties.
Status: in_force

(A) In addition to those penalties provided for in Section 40-1-200 and in order to safeguard life, health, and property and to promote the public welfare, it is unlawful for a: (1) person in a public or private capacity to practice or offer to practice engineering or surveying without being licensed pursuant to this chapter; (2) person to use in connection with his name or otherwise assume, use, or advertise a title or description tending to convey the impression that he is a professional engineer or professional surveyor unless the person is licensed and registered pursuant to this chapter; (3) firm in a public or private capacity to practice or offer to practice engineering or surveying without being licensed and holding a valid authorization to practice, as provided in Section 40-22-250; (4) person or firm to knowingly submit false information to the board for the purpose of obtaining licensure. (B) It is unlawful for an individual or firm to engage in the practice of TIER A surveying or the practice of TIER B surveying in this State, to use the title "surveyor", or to use or display any title, verbal claim, sign, advertisement, letterhead, card, or other device or method to indicate that the individual or firm engages in or offers to engage in the practice of TIER A or TIER B surveying without being registered as a surveyor or firm. (C) It is unlawful for an individual or firm to engage in the practice of engineering in this State, to use the title "engineer", or to use or display any title, verbal claim, sign, advertisement, letterhead, card, or other device or method to indicate that the individual or firm engages in or offers to engage in the practice of engineering without being registered as an engineer or firm. (D) A violation of this section is punishable pursuant to Section 40-22-200.
S.C. Code Ann. § 40-59-170 — SC Code / Title 40 / Chapter 59 / Article 1 / Section 40-59-170
SECTION 40-59-170. Costs.
Status: in_force

A person found in violation of this chapter or regulations promulgated under this chapter may be required to pay costs associated with the investigation and prosecution of the case in accordance with Section 40-1-170.
S.C. Code Ann. § 40-47-1520 — SC Code / Title 40 / Chapter 47 / Article 10 / Section 40-47-1520
SECTION 40-47-1520. Definitions.
Status: in_force

As used in this article: (1) "Cardiologist" means a physician who has successfully completed an approved cardiology training program including, but not limited to, a program approved by the Accreditation Committee on Graduate Medical Education, or its equivalent or successor. (2) "Cardiovascular Invasive Specialist" means a cardiovascular invasive specialist who is currently registered by Cardiovascular Credentialing International, has graduated from an accredited program of Cardiovascular Invasive Technology and who working under the direct supervision of a cardiologist performs procedures on patients resulting in accurate diagnosis and/or optimal treatment of congenital or acquired heart disease. (3) "Supervising cardiologist" means a South Carolina licensed physician currently possessing an active, unrestricted license to practice medicine in South Carolina who practices in the medical specialty of cardiology and has successfully completed a residency in cardiology, approved by the Accreditation Committee on Graduate Medical Education, or its equivalent or successor. (4) "Supervision" means medically directing and accepting responsibility for the cardiac services rendered by a registered cardiovascular invasive specialist in a manner provided for in law and the adopted protocol of the licensed facility. The supervising cardiologist must be in the facility and in the operative area such that he can be immediately available to participate directly in the care of the patient with whom the invasive cardiovascular specialist and the cardiologist are jointly involved.
S.C. Code Ann. § 40-43-85 — SC Code / Title 40 / Chapter 43 / Section 40-43-85
SECTION 40-43-85. Notification form regarding internship; practical experience; experience gained outside State; credit for externship programs; requirements for site and supervising pharmacists.
Status: in_force

(A) An intern shall notify the Board of Pharmacy within ten days after the beginning and again within ten days after the ending of each and every calendar year, if the intern is employed, and within ten days after the beginning of each new employment and within ten days after the ending of each employment, on forms provided by the board, of the identity of the internship site and of the designated pharmacist. This form must be certified by the designated pharmacist. The pharmacy intern is responsible for the submission of the appropriate forms within the time limits as set. (B) An intern may gain practical experience toward licensure as a pharmacist in accordance with this section and as may otherwise be required by this chapter. (C) Where practical experience is gained in a pharmacy, other site, or program located outside of the State, the board has the discretion to determine whether such experience meets the requirements of the board. The applicant shall submit from the secretary of the Board of Pharmacy of the state in which practical experience was gained certification of the validity of the supervising pharmacist's license and the pharmacy permit. (D) A minimum of five hundred hours of practical experience must be obtained in a retail or institutional pharmacy. Approval of all experience gained is left to the discretion of the board after receiving a description of the experience by the intern and the designated pharmacist. (E) Students enrolled in an approved program leading to a bachelor of science degree in pharmacy may receive practical experience credit for up to five hundred hours for participation in an externship program upon completion of the program. Hours earned must be certified by the college of pharmacy, none of which may be used to fulfill the requirement in subsection (D). (F) Students enrolled in an approved doctor of pharmacy program consisting of six or more years of collegiate studies may receive practical experience credit for up to one thousand hours for practice related experiences upon completion of such program, the number of hours certified by the college of pharmacy, none of which shall be used to fulfill the requirements in subsection (D). (G) A pharmacy, site, or program offering interns/externs practical experience toward licensure as a pharmacist shall conform to the best traditions of pharmacy, shall have available all necessary reference books, in addition to the official standards and current professional journals and periodicals, and must be operated at all times under the supervision of a licensed pharmacist as required by law. The designated pharmacist must signify willingness to train interns/externs desiring to obtain practical experience in accordance with this chapter. The pharmacy at which an intern/extern is being trained shall provide an environment that is conducive to the learning of the practice of pharmacy by an intern/extern. It is expected that the intern/extern will be exposed to all facets of the practice of pharmacy in that setting including, but not limited to: (1) evaluation of prescription drug orders; (2) preparation and labeling of drugs; (3) dispensing of drugs; (4) patient profile update and review; (5) drug use review; (6) patient counseling; and (7) proper and safe storage of drugs. (H) No more than forty hours per week of internship training may be allowed. SECTION 40-43-86. Facility requirements for pharmacies; presence of pharmacist-in-charge; consultant pharmacists; prescription drug orders; transferring of prescriptions; substitution of equivalent drug or interchangeable biological product; label requirements; patient records and counseling; policies and requirements for automated systems; unlawful practices; sales to optometrists and home medical equipment providers; code of ethics; sale of poisons and returned medications; permit fees; compounding regulations and restrictions. (A) A pharmacy, at a minimum, shall: (1) be of sufficient size to allow for the safe and proper storage of prescription drugs and for the safe and proper compounding and preparation of prescription drug orders; (2) maintain an area designated for the provision of patient counseling services. This area must be designed to provide a reasonable expectation of privacy; (3) maintain on file current drug reference materials. The references should enable the user to find information using the brand name, generic name, pharmacologic group, therapeutic group, and synonym; (4) update drug monographs at least quarterly, which include the following prescribing information: actions, indications, contradictions, warning and precautions, drug interactions, adverse reactions, patient information, overdosage, administration, and dosage; (5) update this product information at least quarterly: (a) products grouped by dosage or strength; (b) identical brand name products; (c) distributor name; (d) package sizes for all dosage forms; (e) product identification; (f) whether prescription or nonprescription; (g) controlled substance schedule; (h) combination products comparison; (i) products with identical formulations. (6) update new development information at least quarterly: (a) significant recent drug therapy developments; (b) information on investigational agents; (c) recent new product information and product listing changes. (7) maintain a copy of Equivalent Drug Product Evaluations or equivalent reference; (8) have a current copy of the South Carolina Pharmacy Practice Act, South Carolina Controlled Substances Act and Regulations, South Carolina Drug Act, and South Carolina Board of Pharmacy Newsletter; (9) maintain patient-oriented reference material for guidance in proper drug usage; (10) maintain storage areas at temperatures which shall ensure the integrity of the drugs prior to their dispensing as stipulated by the USP/NF and/or the manufacturer's or distributor's labeling; (11) have access to a sink with hot and cold running water that is in the compounding area; (12) have a pharmacist who, while on duty, is responsible for the security of the pharmacy department including provision of effective control against theft or diversion of drugs or devices, or both; (13) have secured its pharmacy by either a physical barrier with suitable locks or an electronic barrier, or both, to detect entry at a time the pharmacist, or a person authorized by the pharmacist on duty or the pharmacist-in-charge, is not present. The barrier must be approved by the Board of Pharmacy before being put into use; (14) display, when the pharmacy department is closed or in the absence of the licensed pharmacist, a sign stating "Pharmacy Department Closed, Pharmacist Not On Duty" displayed during the absence of the licensed pharmacist; (15) carry, utilize, and maintain according to manufacturer's specifications the equipment and supplies necessary to conduct a pharmacy in a manner that is in the best interest of the patients served and to comply with all state and federal laws; (16) maintain the area and equipment in which prescriptions are compounded and dispensed in a clean and orderly condition and: (a) the prescription department must be kept dry and well ventilated, free from obnoxious odors, and equipped with adequate lighting facilities; (b) drugs, pharmaceuticals, and chemicals must be arranged in a neat, orderly manner, free from dust, insects, rodents, or any type of contamination; (c) all outdated, damaged, defaced, or unlabeled drugs, pharmaceuticals, biologicals, and chemicals must be removed from active stock; (d) pharmaceuticals and biologicals requiring refrigeration must be kept stored in a refrigerator at the specified temperature; (e) all stocks and materials used in the compounding of prescriptions must be labeled and conform in purity and strength as required by law; (f) the prescription counter area upon which prescriptions are compounded must be used for no other purpose than for compounding prescriptions; (g) the prescription department shall maintain only such instruments, equipment, materials, drugs, pharmaceuticals, biologicals, chemicals, and medicines as are necessary in the compounding and dispensing of prescriptions and pharmaceutical preparations; (h) all instruments, articles, and containers used in the compounding and dispensing of prescriptions and pharmaceutical preparations must be clean and free from all foreign substances; (i) the sink, with hot water connection, of the prescription department must be used for no other purpose than for cleaning of instruments and materials used in the compounding and dispensing of prescriptions and medicines, or the cleansing of the hands of those preparing and compounding; (j) all pharmacists, before compounding prescriptions, and supportive personnel assisting pharmacists, shall thoroughly cleanse their fingernails and wash their hands; (k) the storing of drugs, medicines, pharmaceuticals, or consumable materials used in compounding and dispensing prescriptions and pharmaceutical preparations in the washroom or toilet of a pharmacy is prohibited. (B)(1) No person may operate a pharmacy without a pharmacist-in-charge. The pharmacist-in-charge of a pharmacy must be designated in and sign the application for the pharmacy permit, and in each renewal thereof. A pharmacist may not serve as pharmacist-in-charge unless he is physically present in the pharmacy a sufficient amount of time to provide supervision and control. A pharmacist may not serve as pharmacist-in-charge for more than one pharmacy at any one time without written permission from the board. Subsection (B)(1) does not apply to a college or university athletic department pharmacy. (2) Each institutional pharmacy shall be directed by a pharmacist, hereinafter referred to as the pharmacist-in-charge who is licensed to engage in the practice of pharmacy in this State. (3) The pharmacist-in-charge shall have the following responsibilities: (a) assuring that all pharmacists, technicians, and interns employed at the pharmacy are currently licensed, certified, or registered and that interns and technicians wear proper identification while on duty; (b) notifying the Board of Pharmacy immediately of any of the following changes: (i) change of employment or responsibility as the pharmacist-in-charge; (ii) change of ownership of the pharmacy; (iii) change of address of the pharmacy; or (iv) permanent closing of the pharmacy; (c) making or filing any reports required by state or federal laws and regulations; (d) responding to the Board of Pharmacy regarding any violations brought to the pharmacist-in-charge's attention. (4) The pharmacist-in-charge must be assisted by a sufficient number of licensed pharmacists and registered pharmacy technicians as may be required to competently and safely provide pharmacy services. (a) The pharmacist-in-charge shall maintain and file with the board of pharmacy, on a form provided by the board, a current list of all pharmacy technicians assisting in the provision of pharmacy services. (b) The pharmacist-in-charge shall develop and implement written policies and procedures to specify the duties to be performed by pharmacy technicians. The duties and responsibilities of these personnel shall be consistent with their training and experience. These policies and procedures shall, at a minimum, specify that pharmacy technicians are to be personally supervised by a licensed pharmacist who has the ability to control and who is responsible for the activities of pharmacy technicians and that pharmacy technicians are not assigned duties that may be performed only by a licensed pharmacist. One pharmacist may not supervise more than a total of four pharmacy technicians at a time, including both state-certified and nonstate-certified technicians. One pharmacist may not supervise more than two nonstate certified technicians at a time. If a pharmacist supervises only one or two pharmacy technicians, these technicians are not required to be state-certified. Pharmacy technicians do not include personnel in the prescription area performing only clerical functions, including data entry up to the point of dispensing, as defined in Section 40-43-30. (c) For the purpose of dispensing by institutional pharmacies to institutional facility in-patients the pharmacist to technician ratio may not exceed a one to three employment ratio. The allowable employment ratio for a site is determined by comparing the number of pharmacists employed at the site to the number of pharmacy technicians employed at the site. The day to day operational pharmacist to technician personal supervision ratio is to be determined by the pharmacist-in-charge. (5) The pharmacist-in-charge shall develop or implement, or both, a procedure for proper management of drug recalls which may include, where appropriate, contacting patients to whom the recalled drug products have been dispensed. (6) The pharmacist-in-charge of an institutional pharmacy shall establish or implement, or both, written policies and procedures for provision of drugs to the medical staff and other authorized personnel whenever a licensed pharmacist is not physically present in an institutional facility by use of night cabinets and/or by access to the pharmacy. A licensed pharmacist must be on call at all times. (a) In the absence of a pharmacist, only specifically authorized personnel shall have access by key or combination to the night cabinets. Such enclosures, which are to be located outside of the pharmacy, must be sufficiently secure to prevent access by unauthorized persons. (b) The pharmacist-in-charge, in conjunction with the appropriate committee of the institutional facility, shall develop inventory listings of those drugs to be included in the cabinet and determine who may have access and ensure that: (i) the drugs are properly labeled; (ii) only prepackaged drugs are available, in amounts sufficient for immediate therapeutic requirements; (iii) whenever access to the cabinet occurs, written practitioner's orders and proofs of use are provided; (iv) all drugs therein are inventoried no less than once a week; (v) a complete audit of all activity concerning the cabinet is conducted no less than once a month; and (vi) written policies and procedures are established to implement the requirements of this section. (c) If a drug is not available from floor supplies or night cabinets, and the drug is required to treat the immediate needs of a patient whose health would otherwise be jeopardized, the drug may be obtained from the pharmacy only by authorized personnel. Removal of a drug from the pharmacy must be recorded on a suitable form showing patient name, room number, name of drug, strength, amount, date, time, and signature of authorized personnel. The form must be left with the container from which the drug was removed and must be reviewed by a licensed pharmacist within seventy-two hours. (d) For an institutional facility that does not have an institutional pharmacy, drugs may be provided for use by authorized personnel in emergency kits located at the facility. The kits must meet the following requirements: (i) emergency kit drugs must be those drugs which may be required to meet the immediate therapeutic needs of patients and which are not available from any other authorized source in sufficient time to prevent risk of harm to patients by delay resulting from obtaining the drugs from the other sources; (ii) all emergency kit drugs must be provided and sealed by a pharmacist; (iii) the supplying pharmacist and the medical staff of the institutional facility shall jointly determine the drugs, by identity and quantity, to be included in emergency kits; (iv) emergency kits must be stored in secured areas to prevent unauthorized access, and to ensure a proper environment for preservation of the drugs within them; (v) the exterior of each emergency kit must be labeled to clearly indicate that it is an emergency drug kit for use in emergencies only. The label shall contain a listing of the drugs contained in the kit, including name, strength, and quantity of the contents, and the name, address, and telephone number of the supplying pharmacist; (vi) drugs must be removed from emergency kits only pursuant to a valid medical order; (vii) whenever an emergency kit is opened, the supplying pharmacist must be notified and the pharmacist shall restock and reseal the kit within a reasonable time to prevent risk of harm to patients; and (viii) the expiration date of an emergency kit is the earliest date of expiration of a drug or device supplied in the kit. Upon the occurrence of the expiration date, the supplying pharmacist shall replace the expired drug or device. (C) Except for a pharmacy, wholesaler, or a permitted facility that supplies only oxygen, every holder of a permit from the board shall designate a pharmacist duly licensed by the Board of Pharmacy as a consultant pharmacist to be responsible for the duties as stated in this chapter at the permit holder's location. The consultant pharmacist shall sign a new or renewal application along with the permit holder and agree in writing to assume the responsibilities of consultant pharmacist. (1) The consultant pharmacist must be consistent with the accepted standards of professional conduct and practice and responsible for compliance with all applicable laws and regulations including: (a) establishing as applicable to the permit, policies, and procedures for the procurement, storage, compounding, dispensing, and distribution of drugs; (b) establishing and supervising the recordkeeping system for the purchase, sale, possession, storage, safekeeping, and return of drugs; (c) facilitating drug recalls and the removal of outdated and adulterated drugs; (d) supervising all employees of the permit holder whose duties relate to the procurement, compounding, sale, distribution, and storage of drugs; (e) acting as a drug information resource for the staff by bringing new and current drug information to their attention and being available by phone for questions; (f) performing written monthly inspections that are readily available. (2) The outgoing consultant pharmacist and the permit holder shall notify the board in writing within ten days of a change of consultant pharmacist. (3) No designation of an individual as a consultant pharmacist or delegation of duties to a consultant pharmacist by a holder of a pharmacy permit shall relieve the permit holder of any of the permit holder's duties under state or federal laws or regulations. (4) Emergency medical services licensed by the Department of Health and Environmental Control are exempt from permit fees and the provisions of this section requiring a consultant pharmacist to perform the duties set forth in this chapter at the permit holder's location, and the medical director or a consultant pharmacist may perform the duties of the consultant pharmacist pursuant to this chapter. (5) A facility supplying durable medical equipment is exempt from the provisions of this section requiring a consultant pharmacist to perform the duties set forth in this chapter at the permit holder's location, and a medical director, respiratory therapist, registered nurse, or consultant pharmacist may perform the duties of the consultant pharmacist pursuant to this chapter. (D) In addition to the duties and responsibilities contained in this section, a consultant pharmacist for an institutional facility shall review the record of each institutional resident receiving medication for potential adverse reactions, allergies, interactions, and laboratory test modification and advise the physician of any recommended changes in the medication regimen. This review must be conducted monthly and documented on the resident's medical record. (E) A prescription drug order shall contain at a minimum, the: (1) full name and address of the patient; (2) name, address, telephone number, and degree classification of the prescriber; license number, and Drug Enforcement Agency registration number of the prescribing practitioner where required by law; (3) date of issuance; (4) name, strength, dosage form, and quantity of drug prescribed; (5) directions for use; (6) number of refills authorized. No prescription marked "PRN" or any other nonspecified number of refills may be refilled more than two years beyond the date it was originally written. Nothing in this subsection abridges the right of a pharmacist to refuse to fill or refill a prescription; and (7) a written order signed by the prescriber, which shall bear the name of the patient; name, strength, and quantity of the drug or device prescribed; directions for use; date of issue; and, either rubber stamped, typed, printed by hand, or typeset, the name, address, telephone number, and degree classification of the prescriber; and, if a controlled substance is prescribed, the prescriber's federal registration number; (8) only one drug and set of instructions for each blank, if preprinted; (9) a chart order is exempt from the requirements of this subsection. (F) A prescription drug order must be issued for a legitimate medical purpose by a practitioner acting within the course of legitimate professional practice. The prescription drug order must be received at the pharmacy as it was originally transmitted. Each prescription drug order becomes part of a permanent record and must be readily retrievable. The institutional pharmacist must review the physician's drug order, or a direct copy, prior to dispensing any drug (except for emergency use). Electronically transmitted prescription drug orders shall meet these requirements: (1) must be sent only to a pharmacy of the patient's choice; (2) must be received at the pharmacy as it was originally transmitted by facsimile or computer and shall include the name and address of the practitioner, the phone number for verbal confirmation, the time and date of transmission, and the name of the pharmacy intended to receive the transmission, as well as any other information required by federal or state law; (3) a pharmacist may dispense prescription drug orders transmitted electronically only when transmitted by an authorized practitioner or his designated agent; (4) the pharmacist shall exercise professional judgment regarding the accuracy or authenticity of the transmitted prescription drug order consistent with existing federal or state laws and regulations; (5) any alterations of electronic transfer of a prescription drug order or information constitutes an unlawful act which will be prosecuted by the Attorney General of this State; (6) the prescribing practitioner may authorize his agent to transmit a prescription drug order orally or electronically to the pharmacy provided that the identity of the transmitting agent is included in the order. (G)(1) The transfer of original prescription information for the purpose of dispensing refills is permissible between licensed or permitted pharmacies subject to these requirements: (a) The transfer must be communicated directly between two pharmacists and not by one pharmacist accessing an information file containing data for several locations, unless all locations accessed are under common ownership or accessed pursuant to contractual agreement of the pharmacies. (b) The transferring pharmacist shall void any remaining refills and so mark the face of the prescription retained by the transferring pharmacist or record information electronically. (c) The transferring pharmacist shall record the name and address of the pharmacy to which the prescription was transferred and the name of the pharmacist receiving the prescription information on the reverse side of the transferred prescription or record information electronically. (2) The transferring pharmacist shall record in writing the date of the transfer and the name of the pharmacist transferring the information or record information electronically. (3) The transferring pharmacist shall record on the prescription transferred or record information electronically that the receiving pharmacist is authorized to dispense all remaining refills based on the original prescription, if such is the case. (4) The pharmacist receiving the transferred prescription information shall record in writing or electronically the following: (a) the word "transfer" on the face of the transferred prescription; (b) any information required to be on a prescription, including: (i) the date of issuance of the original prescription; (ii) the date and time of transfer; (iii) the pharmacy's name, address, and original prescription number from which the prescription information was transferred; (c) the name of the transferring pharmacist; (d) the manufacturer or brand name of drug dispensed; and (e) documentation that the receiving pharmacist shall dispense refills based on the transferring pharmacist's certification under subsection (G)(3). (5) The requirements of this section may be facilitated by use of a computer, data, or facsimile. (6) All records pertinent to this section must be readily available. (7) Both the original and transferred prescription drug order must be maintained for a period of two years from the date of last refill. (8) The transfer must be in compliance with current state and federal laws on controlled substances. (9) The transfer of prescription information for the purpose of dispensing authorized refills is permissible between pharmacies where all pharmacies are under common ownership and access prescription information through a common computerized data system, subject to subsection (G)(1)(c), (G)(2), (G)(5), (G) (6), (G)(7), and (G)(8). (H)(1) Upon receiving a prescription for a brand name drug or for a specific biological product, a registered pharmacist may in his professional judgment substitute an equivalent drug or interchangeable biological product as provided in this subsection. (2) Every oral or written drug prescription shall provide an authorization from the practitioner as to whether or not an equivalent drug or interchangeable biological product may be substituted. (3) A written prescription shall have two signature lines at opposite ends on the bottom of the form. Under the line at the left side shall be clearly printed the words "DISPENSE AS WRITTEN". Under the line at the right side shall be clearly printed the words "SUBSTITUTION PERMITTED". The practitioner shall communicate the instructions to the pharmacist by signing on the appropriate line. No written prescription is valid without the signature of the practitioner on one of these lines. (4) An oral prescription from the practitioner shall instruct the pharmacist as to whether or not an equivalent drug product or interchangeable biological product may be substituted. The pharmacist shall note the instructions on the file copy of the prescription and retain the prescription form for the period as prescribed by law. (5) The pharmacist shall note the brand name or the manufacturer of the substituted drug or brand or proper name and manufacturer of the biological product dispensed on the file copy of a written or oral prescription or record this information electronically, or both. If a pharmacist substitutes a generic drug or interchangeable biological product for a name brand prescribed drug or specific biological product prescribed: (a) In the case of a drug product described, when dispensing a prescribed medication, the brand name and the generic name of the drug and its manufacturer or brand name, if any, with an explanation of "generic for" or similar language in the case of a drug dispensed, to indicate substitution has occurred, must appear on the prescription label and be affixed to the container or an auxiliary label, unless in the case of a drug product prescribed, the prescribing practitioner indicated that the name of the drug may not appear upon the prescription label. (b) In the case of a biological product described, when dispensing a prescribed medication, the brand name, if any, and the proper name of the biological product and its manufacturer, with an explanation of "interchangeable with" or similar language, in the case of a biological product dispensed, to indicate substitution has occurred, must appear on the prescription label and be affixed to the container or an auxiliary label, unless in the case of a drug product prescribed, the prescribing practitioner indicated that the name of the drug may not appear upon the prescription label. (6) Substitution may not occur unless the pharmacist advises the patient or the patient's agent that the practitioner has authorized substitution and the patient, or patient's agent, consents. A Medicaid recipient whose prescription is reimbursed by the South Carolina Medicaid Program is deemed to have consented to the substitution of a less costly equivalent generic drug product or interchangeable biological product. (7) Within five business days following the dispensing of a biological product, the dispensing pharmacist or the pharmacist's designee shall make an entry of the specific biological product provided to the patient, including the name of the biological product and the manufacturer. The communication must be conveyed by making an entry that is electronically accessible to the prescriber through: (i) an interoperable electronic medical records system; (ii) an electronic prescribing technology; (iii) a pharmacy benefit management system; or (iv) a pharmacy record. Entry into an electronic records system as described in this section is presumed to provide notice to the prescriber. Otherwise, the pharmacist shall communicate the biological product dispensed to the prescriber using facsimile, telephone, electronic transmission, or other prevailing means, provided that communication is not required when: (a) there is no federal Food and Drug Administration approved interchangeable biological product for the product prescribed; or (b) a refill prescription is not changed from the product dispensed on the prior filling of the prescription; or (c) a biological product is dispensed for inpatient hospital services or is a hospital-administered biological product for outpatients. (I)(1) All drugs dispensed for use by inpatients of a hospital or other health care facility, where the drug is not in the possession of the ultimate user prior to administration, shall meet these requirements: (a) The label of a single unit package of an individual-dose or unit-dose system of packaging of drugs shall include: (i) the nonproprietary or proprietary name of the drug; (ii) the route of administration, if other than oral; (iii) the strength and volume, where appropriate, expressed in the metric system whenever possible; (iv) the control number and expiration date; (v) special storage conditions, if required. (b) A log book must be maintained identifying the repackager, the name of the drug, the lot number, the manufacturer, the facility control number, the expiration date, the quantity, and the initials of the pharmacist. (c) When a multiple-dose drug distribution system is utilized, including dispensing of single-unit packages, the drugs must be dispensed in a container to which is affixed a label containing the: (i) patient's name; (ii) date of dispensing; (iii) nonproprietary or proprietary name of the drug dispensed, or both; and (iv) strength, expressed in the metric system whenever possible. (2) All drugs dispensed to inpatients for self-administration shall be labeled in accordance with item (4). (3) If any drugs are added to parenteral solutions, these admixtures shall bear a distinctive label indicating: (a) name of solution and volume of solution; (b) patient's name; (c) infusion rate; (d) bottle sequence number or other system control method; (e) name and quantity of each additive; (f) date of preparation; (g) beyond-use date and time of parenteral admixture; (h) ancillary precaution labels; and (i) identity of preparer and checking pharmacist. (4) All drugs dispensed to ambulatory or outpatients shall contain a label affixed to the container in which the drug is dispensed including: (a) the name and address of the pharmacy dispensing the drug; (b) the name of the patient for whom the drug is prescribed; (c) the name of the prescribing practitioner; (d) such directions as may be stated on the prescription drug order; (e) the date of dispensing; (f) any cautions which may be required by federal or state law; (g) the serial number of the prescription drug order; (h) the name or initials of the dispensing pharmacist; (i) the proprietary or generic name of the drug dispensed and its strength, if more than one strength of the drug is marketed; (j) the brand name of the drug product dispensed or the generic name of the drug product dispensed and its manufacturer or labeler, either written in full or appropriately abbreviated; (k) when dispensing a prescribed medication, if a pharmacist selects an equivalent drug product for a name-brand prescribed drug, the generic drug name must either be listed on the prescription label first followed by the name-brand prescribed drug, or this information must be affixed to the container on an auxiliary label. (5) Drugs other than sample medication provided by a manufacturer to a prescriber for patient use shall meet all requirements of labeling. (6) No radiopharmaceutical may be dispensed unless a label is affixed to the immediate container bearing: (a) the standard radiation symbol; (b) the words "Caution-Radioactive Material"; and (c) the prescription number. (7) No radiopharmaceutical may be dispensed unless a label is affixed to the outer or delivery container bearing the: (a) standard radiation symbol; (b) words "Caution-Radioactive Material"; (c) radionuclide and chemical form; (d) activity and date and time of assay; (e) volume if in liquid form; (f) requested activity and the calibrated activity; (g) prescription number; (h) patient name or space for patient name. Where the patient's name is not available at the time of dispensing, a seventy-two hour exemption is allowed to obtain the name of the patient. No later than seventy-two hours after dispensing the radiopharmaceutical, the patient's name shall become a part of the prescription drug order to be retained for two years; (i) name and address of the nuclear pharmacy; (j) name of the practitioner; and (k) lot number of the prescription. (8) A package prepared by a pharmacist containing two or more drugs prescribed for a specific patient shall meet USP labeling requirements. (J)(1) A pharmacy patient record system must be maintained by all pharmacies for patients for whom prescription drug orders are dispensed. The pharmacy patient record system shall provide for the immediate retrieval of information necessary for the dispensing pharmacist to identify previously dispensed drugs at the time a prescription drug order is presented for dispensing. The pharmacist shall make a reasonable effort to obtain, record, and maintain the: (a) full name of the patient for whom the drug is intended; (b) address and telephone number of the patient; (c) patient's age or date of birth; (d) patient's gender; (e) list of all prescription drug orders obtained by the patient at the pharmacy during the two years immediately preceding the most recent entry showing the prescription number, name, and strength of the drug, the quantity and date received, the number of refills given, the date of each refill, the identity and quantity of each refill if different from the prescribed quantity, the identity of dispensing pharmacist and the name of the practitioner; and (f) pharmacist comments relevant to the individual's drug therapy, including any other information peculiar to the specific patient or drug. (2) The pharmacist shall make a reasonable effort to obtain information from the patient or the patient's agent regarding any known allergies, drug reactions, idiosyncrasies, and chronic conditions or disease states of the patient and the identity of any other drugs, including over-the-counter drugs, or devices currently being used by the patient which may relate to prospective drug review. This information shall be recorded in the patient's record. (3) A pharmacy patient record must be maintained for a period of not less than two years from the date of the last entry in the profile record. This record may be a hard copy or a computerized form. (K) A pharmacist shall review the pharmacy patient record and each prescription drug order presented for dispensing for purposes of promoting therapeutic appropriateness by identifying: (1) over-utilization or under-utilization; (2) therapeutic duplication; (3) drug-disease contraindications; (4) drug-drug interactions; (5) incorrect drug dosage or duration of drug treatment; (6) drug-allergy interactions; (7) clinical abuse/misuse. Upon recognizing any of the above, the pharmacist shall take appropriate steps to avoid or resolve the problem which shall, as appropriate, include consultation with the practitioner. (L)(1) Upon receipt of a prescription drug order for a new medication and following review of the patient's pharmacy record, the pharmacist shall personally offer counseling to the patient or the patient's agent. Using his best professional judgment, the pharmacist's counseling shall include a discussion of those matters that the pharmacist considers appropriate for the patient or patient's agent in that particular situation. The discussion must be in person, whenever practicable, or by telephone and shall include appropriate elements of patient counseling. The elements may include: (a) the name and description of the drug; (b) the dosage form, dose, route of administration, and duration of drug therapy; (c) intended use of the drug and expected action; (d) special directions and precautions for preparation, administration, and use by the patient; (e) potentially serious side effects or interactions and therapeutic contraindications that may be encountered, including their avoidance, and the action required if they occur; (f) techniques for self-monitoring drug therapy; (g) proper storage; (h) prescription refill information; (i) action to be taken in the event of a missed dose; and (j) pharmacist comments relevant to the individual's drug therapy, including any other information peculiar to the specific patient or drug. (2) Alternative forms of patient information may be used to supplement patient counseling when appropriate including, but not limited to, written information leaflets, pictogram labels, or video programs. (3) Patient counseling is not required for inpatients or emergency department patients of a hospital or institution where other licensed health care professionals are authorized to administer the drug. (4) A pharmacist is not required to counsel a patient or caregiver when the patient or caregiver refuses the consultation. (M) Significant adverse drug reactions must be reported to the prescriber immediately upon discovery. Appropriate entry on the patient's record also must be made. (N) Records of dispensing, which are readily retrievable within twenty-four hours, for all drugs or devices are to be made and kept by pharmacies for two years and shall include, but are not limited to: (1) quantity dispensed for original and refills, if different from original; (2) date of dispensing; (3) serial number or equivalent if an institution; (4) the identification of the pharmacist responsible for dispensing; (5) name and manufacturer of drug dispensed if drug product selection occurs; and (6) records of refills to date. (O)(1) An up-to-date policy and procedure manual must be maintained by the pharmacist-in-charge that explains the operational aspects of an automated system and shall: (a) include examples of all required output documentation provided by the automated system; (b) outline steps to be followed when the automated system is not operational due to scheduled or unscheduled system interruption; (c) outline regular and routine backup file procedure and file maintenance; (d) outline audit procedures, personnel code assignments, and personnel responsibilities; (e) provide a quality assurance mechanism for data entry validation. (2) The automated system shall have the capability of producing sight-readable information on all original and refill prescription drug orders. The term "sight-readable" means that an authorized individual must be able to examine the record and read the information from the cathode ray tube (CRT), microfiche, microfilm, printout, or other method acceptable to the Board of Pharmacy. The automated system shall provide on-line retrieval (via CRT display or hard-copy printout) of original prescription drug order information. The information shall include, but is not limited to, the prescription drug order requirements and records of dispensing. The automated system shall have the capability of producing a printout of any prescription drug order data. The system shall provide a refill-by-refill audit trail for any specified strength and dosage form of any drug. The audit trail must be by printout and shall include the name of the prescribing practitioner, name and location of the patient, quantity dispensed on each refill, date of dispensing of each refill, name or identification code of the dispensing pharmacist, and unique identifier of the prescription drug order. A facility maintaining centralized prescription records must be capable of sending a requested printout to the pharmacy within seventy-two hours. (3) To maintain the confidentiality of patient records, the system shall have adequate security and systems safeguards to prevent unauthorized access, modification, or manipulation of pharmacy patient records. Once the drug has been dispensed, any alterations in prescription drug order data must be documented including the identification of the pharmacist responsible for the alteration. (4) In the event of an unscheduled system interruption, sufficient patient data and prescription drug order data must be available to permit reconstruction of such data within a two-hour time period for the pharmacist to dispense drugs with sound professional judgment. An auxiliary system shall be established for the documentation of refills if the automated data processing system is inoperative for any reason and to ensure that all refills are authorized by the original prescription drug order and that the maximum number of refills is not exceeded. The auxiliary system shall be in place to provide for the maintenance of all necessary patient drug information until the automated system becomes operational. However, nothing in this subsection shall preclude the pharmacist from using professional judgment for the benefit of a patient's health and safety. When the automated system is restored to operation, the information regarding prescription drug orders dispensed and refilled during the inoperative period must be entered into the automated system. Routine backup systems and procedures (hard copy, copy, disc, etc.) must be in place and operational to ensure against loss of patient data. In the event that permanent dispensing information is lost due to unscheduled system interruption, the Board of Pharmacy must be notified within seventy-two hours of the loss or of the discovery of the loss. (P) If a pharmacist receives a request for a prescription refill and the pharmacist is unable to obtain refill authorization from the prescriber, the pharmacist may dispense, once within a twelve-month period, an emergency refill of up to a fourteen-day supply of the prescribed medication if: (1) the prescription is not for a controlled substance; (2) the medication is essential to the maintenance of life or to the continuation of therapy; (3) in the pharmacist's professional judgment, continuing the therapy for up to fourteen days will produce no undesirable health consequences or cause physical or mental discomfort; (4) the pharmacist properly records the dispensing; and (5) the dispensing pharmacist notifies the prescriber of the refill and the amount of the refill, not to exceed a fourteen-day supply, within a reasonable time, but no later than ten days after the once in twelve months refill dispensing. In the event that a pharmacist is unable to dispense an emergency refill for the time period specified in this subsection due to the medication's packaging, the pharmacist is permitted to dispense up to a thirty-day quantity of the medication so long as the requirements contained in this subsection are otherwise met. (Q) Machines used in the prescription drug distribution process must be under the control of and are the responsibility of a licensed pharmacist. Drugs brought into an institutional facility by a patient may not be administered unless they can be identified. If such drugs cannot be administered, then according to pharmacy procedures specified in writing, the drugs must be turned into the pharmacy which shall package and seal them and return them to an adult member of the patient's immediate family, or store and return them to the patient upon discharge. Investigational drugs which are used within an institutional facility must be stored in and dispensed from the pharmacy only. All information with respect to investigational drugs must be maintained in the pharmacy. All drug storage areas must be routinely inspected by pharmacy personnel to ensure that no outdated or unusable items are present, and that all stock items are properly labeled and stored. A written stop-order policy or other system must be established by the institutional pharmacists-in-charge to ensure that drug orders are not inappropriately continued. There must be a written policy and procedure for providing pharmacy services in the event of a disaster. This shall be reviewed annually by all pharmacy staff members and so documented. (R)(1) It is unlawful for a person, except a pharmacist licensed under this chapter and pursuant to the regulations of the board of pharmacy to: (a) take, use, or exhibit the title "pharmacist", "druggist", "pharmacy", "drugstore", "drugs", "prescriptions", or any other title, sign, display, or declaration that tends to lead the public to believe that the person is engaged in the business of selling, compounding, or dispensing any prescription drugs; or (b) have charge of, engage in, or carry on, for himself or another, the dispensing, compounding, or sale of any prescription drugs anywhere within this State. (2) Except as prescribed by this chapter, it is unlawful for a person to practice as a pharmacist or to advertise or represent himself by a title, sign, display, declaration, or other item to be a pharmacist or to engage in, conduct, carry on, or be employed in the dispensing, compounding, or retailing of any prescription drugs within this State. (3) Notwithstanding any other provision of law or regulation, pharmacies and apothecaries are permitted to advertise the retail price of all drugs sold by prescription. (4) Those merchants selling varieties of health and beauty needs, including that class of personal care products and nonprescription drugs which do not require a prescription for sale at retail, may use and display the term "drug-sundries" in advertising, if these conditions are met: (a) the word "drug-sundries" is a hyphenated word; (b) the word "drug-sundries" must appear all on one line; (c) the two parts of the word must be of equal size lettering, of the same color, and the same style print or script; and (d) no effort may be made to mislead the public that there is a full drug and prescription service available. (5) Nothing in this section authorizes the board to promulgate regulations concerning the prices of goods or drugs sold by outlets, the hours that the business may be operated, or the hours of work of the employees of the businesses. (S) Licensed pharmacists may sell pharmaceutical agents, other than controlled substances as defined in Section 44-53-110, to optometrists who are diagnostically certified by the South Carolina Board of Examiners in Optometry for diagnostic purposes in the practice of optometry in accordance with Section 40-37-105(A). For these purposes, "pharmaceutical agent" means anesthetics, mydriatics, cyclopegics, miotics, dyes, and over-the-counter drugs. Licensed pharmacists may sell pharmaceutical agents, other than Schedule I and Schedule II controlled substances as defined in Section 44-53-110, to optometrists who are therapeutically certified by the South Carolina Board of Examiners in Optometry for diagnostic and therapeutic purposes in the practice of optometry in accordance with Section 40-37-105(B). (T) Duties that must be performed by a licensed pharmacist or a pharmacy intern or extern within the practice of pharmacy, to exclude Home Medical Equipment providers, include, but are not limited to: (1) the interpretation and evaluation of medical orders; (2) participation in drug and device selection; (3) provision of patient counseling; (4) performing drug regimen reviews; (5) provision of pharmacy care; and (6) receiving telephone or verbal medical orders from licensed practitioners. A licensed pharmacist shall supervise the activities of a pharmacy technician to ensure all activities are performed completely, safely, and without risk of harm to patients. (U) Nonprescription drugs may be sold by any retailer in their original, unbroken prepackaged containers and no rule or regulation shall be adopted by the Board of Pharmacy which shall require the sale of nonprescription drugs by a licensed pharmacist or in a pharmacy. However, nonprescription drugs may also be dispensed and profiled by pharmacists pursuant to a practitioner's prescription, and when dispensed in this manner by a pharmacist, the drug must be treated in all respects as a prescription drug and all prescription drug counseling and labeling requirements shall apply. (V) A manufacturer or wholesaler shall supply insulin only to persons or entities that can legally possess prescription drugs. (W) The American Pharmaceutical Association Code of Ethics will be adopted as the code of ethics for pharmacists in this State. (X)(1) Physicians who are in charge or who directly supervise the operation of emergency rooms may dispense legend drugs in order to meet the immediate needs of the patient. The amount dispensed may not exceed an amount equal to a seventy-two hour supply. Records of drugs dispensed must be maintained. A valid physician-patient relationship shall exist between the emergency room physician and the patient before dispensing legend drugs in the emergency room. (2) Physicians who are in charge of or who directly supervise the operation of college and university athletics department training rooms may dispense in the training room prescription drugs owned by the facility in order to meet the needs of the student-athletes participating in athletic department activities or programs. College and university athletic departments are exempt from Section 40-43-83, as it relates to the Board of Pharmacy and the requirement that each pharmacy must have a pharmacist-in-charge. Records of drugs dispensed must be maintained and properly accounted for by the athletic department physician. A valid physician-patient relationship must exist between the athletics department physician and the student-athlete before dispensing prescription drugs in the athletics department training room. Drugs dispensed by the athletic department physician must be properly labeled in accordance with federal and state law. (Y) It is unlawful for a person to deliver prescription drugs to any permitted facility, at any time when the facility is not open for business, unless shipments are received by an authorized employee of the facility or into a secure area, or both. (Z) A current record showing disposition of all restricted pharmaceutical preparations, such as federal legend drugs, exempt class V, insulin, controlled substances, poisons and any other drugs so designated by the board, dispensed or sold to physicians, dentists, veterinarians, pharmacies, hospitals, or other persons authorized by law to possess drugs restricted to sale on prescription only, must be maintained for two years in the prescription files or in the records of the permitted facility showing the name of the person to whom dispensed or sold, the name, strength, and quantity dispensed or sold, and the date of the transaction. Every pharmacist or other person selling nonlegend poison must be satisfied that the purchase is made for legitimate purposes and keep a book on file in which must be recorded every sale of the following articles: arsenic and its preparations, all metallic cyanides and cyanides of potassium, tartar emetic, corrosive sublimate, aconite and alkaloids, and their salts, and hydrocyanic acid. The record shall exhibit the name of the person to whom the poison was sold and the purpose of purchase stated. The book or file must be kept at all times subject to inspection of the coroner of the county and the solicitor or inspector of the Board of Pharmacy or any other person as either of them may designate. These above-named poisons, and oxalic acid, chloroform, or any other poisonous articles that may be added to the list by the board, must be securely labeled "Poison" when sold in the permitted facility. Nothing in this section may be construed to apply to the filling of prescriptions written by physicians. (AA) No pharmacist or permit holder shall reuse, sell, or offer for sale a prescription or other medication intended for internal or external use which has been returned unless the pharmacist accepting the medication determines in his best professional judgment that the strength, potency, and stability of the medication have not been adversely affected or contaminated. (BB) Applicants and licensees must pay fees for new and renewed permits, licenses, registrations, and certifications. Fees shall be established and adjusted, as provided by Section 40-1-50. Among other things provided in this chapter, fees may be established by regulation and assessed for a: (1) new pharmacy permit for renewal; (2) new nondispensing drug outlet permit or permit renewal; (3) new medical gases or legend devices drug outlet permit or permit renewal; (4) new nonresident pharmacy permit or permit renewal; (5) new out-of-state wholesale distributor permit or permit renewal; (6) relocation permit within the same city; (7) six-year intern certificate; (8) application for complete licensure examination; (9) application for licensure by score transfer; (10) application for licensure by licensure transfer; (11) pharmacist's license or license renewal; and (12) pharmacy technician registration or registration renewal. (CC)(1) The provisions of this subsection only apply to the compounding of medication by pharmacies permitted in the State of South Carolina. (2) The following are the minimum current good compounding practices for the preparation of medications by pharmacists licensed in the State for dispensing or administering, or both, to humans or animals: (a) Pharmacists engaged in the compounding of drugs in facilities permitted by the Board of Pharmacy shall operate in conformance with regulations promulgated by the Board of Pharmacy, which shall be based upon a review of available compendia literature, medical or scientific literature, and/or practical experience in the art of compounding. The board shall: (i) develop these regulations based on a review of available compendia literature, medical or scientific literature, and/or practical experience in the art of compounding; and (ii) promulgate these regulations within eighteenth months after the effective date of this section. (iii) Until regulations are promulgated by the Board of Pharmacy as provided in this subsubitem, compounding pharmacies shall comply with the compounding standards in the State in use on the effective date of this subsubitem as outlined in the Non-Sterile Compounding Pharmacy and Sterile Compounding Pharmacy Inspection Forms in use on the effective date of this subsubitem as published by the Board of Pharmacy, unless the pharmacy is held to a higher standard of another body such as an accrediting body. (b) Based on the existence of a pharmacist/patient/practitioner relationship and the presentation of a valid prescription, or in anticipation of prescription medication orders based on routine, regularly observed prescribing patterns, pharmacists may compound, for an individual patient, medications for which the components are commercially available. (c) Pharmacists shall receive, store, or use drug substances for compounding that meet official compendia requirements, or of a chemical grade in one of the following categories: chemically pure (CP), analytical reagent (AR), American Chemical Society (ACS), or, if other than this, drug substances that meet the accepted standard of the practice of pharmacy. (d) A compounder shall first attempt to use components manufactured in an FDA-registered facility. When components cannot be obtained from an FDA-registered facility, a compounder shall use his professional judgment in selecting an acceptable and reliable source and shall establish purity and safety by reasonable means, to include Certificate of Analysis, manufacturer reputation, and reliability of source. (e) For components that do not have expiration dates assigned by the manufacturer or supplier, a compounder shall label the container with the date of receipt and assign a conservative expiration date, not to exceed three years after receipt of the component based on the nature of the component and its degradation mechanism, the container in which it is packaged, and the storage conditions. (f) Pharmacists may not offer compounded medications to other pharmacies for resale; however, pharmacists may compound preparations based on an order from a practitioner for administration to a patient in institutional or office settings. (g) The compounding of legend drugs in anticipation of receiving prescriptions without a historical basis or the distribution of compounded preparations without a patient/practitioner/pharmacist relationship is considered manufacturing. (h) Physicians who administer compounded medications in an office or licensed ambulatory surgical facility setting shall be allowed to order and purchase those medications from the compounding pharmacy, store them in the office for future use but not for resale, and administer those medications according to their usual physician/patient/pharmacy practice relationship. A prescription for an individual patient for each administration of the drug shall not be required. (i) Institutional pharmacies may order and store compounded preparations, both sterile and nonsterile, from compounding pharmacies in anticipation of patient orders based on the existence of a pharmacist/patient/practitioner relationship for regularly observed prescribing patterns. A chart order from a practitioner will be required for administration in an institutional facility. (3) Pharmacy technicians may assist the pharmacist in compounding. The pharmacist is responsible for training and monitoring the pharmacy technician. The pharmacy technician's duties must be consistent with the training received. The pharmacist must perform the final check of the compounded preparation to determine if the preparation is ready to dispense. (4)(a) The area used for the compounding of drugs must be maintained in a clean and sanitary condition. It must be free of infestation by insects, rodents, and other vermin. Trash must be held and disposed of in a timely and sanitary manner. Sewage and other refuse in and from the pharmacy and immediate medication compounding areas must be disposed of in a safe and sanitary manner. (b) If radiopharmaceuticals are being compounded, the pharmacist shall comply with Section 40-43-87 as applicable to the procedure. (5) The pharmacist shall keep records of all compounded preparations for a period of time as other prescriptions as required by the Board of Pharmacy. These records must be readily available for authorized inspection during the retention period at the establishment. Additionally, statistical reports related to these prescription records may be required to be reported to the Board of Pharmacy periodically to enable the board to meet various statutory and regulatory requirements. These records are subject to duplication by photocopying or other means of reproduction as part of the inspection. (DD) Unprofessional conduct includes, but is not limited to, the following acts by a pharmacist, permit holder, pharmacy technician, or the owner of a permitted facility: (1) publishing or circulating false, misleading, or otherwise deceptive statements concerning the practice of pharmacy; (2) attempting to circumvent the patient counseling requirements, or discouraging the patient from receiving patient counseling concerning their prescription drug orders; (3) divulging or revealing to unauthorized persons patient information or the nature of professional pharmacy services rendered without the patient's express consent, or without order or direction of a court. Authorized persons include: (a) a patient, or patient's agent, or another pharmacist acting on behalf of a patient; (b) the practitioner who issued the prescription drug order; (c) certified/licensed health care personnel who are responsible for the care of the patient; (d) an inspector, agent, or investigator of the Board of Pharmacy or any federal, state, county, or municipal officer whose duty is to enforce the laws of this State or the United States relating to drugs or devices and who is engaged in a specific investigation involving a designated person or drug; (e) an agency of government charged with the responsibility of providing medical care for the patient upon written request by an authorized representative of the agency requesting the information; (4) selling, giving away, or otherwise disposing of accessories, chemicals, or drugs or devices found in illegal drug traffic when the pharmacist knows or should have known of their intended use in illegal activities; (5) engaging in conduct likely to deceive, defraud, or harm the public, or demonstrating a wilful or careless disregard for the health, welfare, or safety of a patient, or engaging in conduct which substantially departs from the standards of care ordinarily exercised by a pharmacist; (6) selling a drug for which a prescription drug order from a practitioner is required without having received a prescription drug order for the drug; (7) wilfully and knowingly failing to maintain complete and accurate records of all drugs received, dispensed, or disposed of in compliance with the federal laws and regulations and state laws and regulations; (8) obtaining any remuneration by fraud, misrepresentation, or deception; (9) using a system providing for the electronic transfer of information that infringes on a patient's freedom of choice as to the provider of pharmacy care. (EE) Except as provided in subsection (S), it is unlawful for a person to possess, dispense, or distribute in this State, except on a prescription of a licensed practitioner, any drug or device, as defined in Section 39-23-20, bearing on its manufacturer's or distributor's original commercial container the legend, "Caution: Federal law prohibits dispensing without prescription", "Rx Only", "Caution: Federal law restricts this drug to use by, or on the order of, a licensed veterinarian", or "Caution: Federal law restricts device for sale by or on the order of a ____________". A person who violates this subsection is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than two years, or both. (FF) The Department of Health and Environmental Control is exempt from the provisions of this section that prohibit a pharmacist from serving as a pharmacist-in-charge unless he is physically present in the pharmacy and that prohibits a pharmacist from serving as a pharmacist-in-charge for more than one pharmacy at a time, so that one pharmacist-in-charge may be designated by the department to serve more than one health district. (GG)(1) Unless a prescriber has specified on a prescription that dispensing the prescription for a maintenance medication in an initial amount followed by periodic refills is medically necessary, a pharmacist may exercise his professional judgment, in consultation with the patient, to dispense up to a ninety-day supply of medication per refill up to the total number of dosage units as authorized by the prescriber on the original prescription. In consulting with the patient, the pharmacist must utilize readily available, existing mechanisms such as online claim adjudication and inform the patient of any cost changes of the proposed dispensing change. If the pharmacist is presenting the patient with an option to not use an available benefit plan, then the pharmacist must inform the patient that any amounts paid would potentially not apply to the deductibles or other out-of-pocket calculations of his benefit plan. (2) Item (1) does not apply to scheduled medications, psychotherapeutic drugs, or any medications for which a report is required under the prescription monitoring program. (3) This section shall not be construed to supersede or invalidate any third party payor agreement, in whole or in part, between a third party payor and a retail pharmacy. Code Commissioner's Note At the direction of the Code Commissioner, the amendments to SECTION 40-43-86(B)(4)(b) by 2017 Act No. 11, SECTION 5, and 2017 Act No. 91, SECTION 11, were read together. At the direction of the Code Commissioner, an incorrect reference to a subsection in Section 40-43-30 was removed. Effect of Amendment 2017 Act No. 11, SECTION 5, in (B)(4)(b), changed the section reference at the end from 40-43-30(14) to 40-43-30(15); and rewrote (H), addressing labeling, prescriber notification, and other requirements applicable to interchangeable biological products. 2017 Act No. 91, SECTION 11, amended (B)(4)(b), prohibiting pharmacists from supervising more than four pharmacy technicians. 2017 Act No. 91, SECTION 14, amended (P), providing for emergency refills. 2018 Act No. 143, SECTION 2, rewrote (CC), revising minimum good compounding practices, providing a means for determining the maximum beyond-use date of an excess amount of a specific compound in certain circumstances, and providing other requirements relating to compounding pharmacies. 2019 Act No. 38, SECTION 1, added (GG). 2020 Act No. 117, SECTION 1, in (P), substituted "fourteen-day" for "ten-day", in (3), substituted "fourteen" for "ten", in (5), substituted "fourteen-day" for "ten-day", and added the undesignated paragraph following (5). 2024 Act No. 132, SECTION 2, rewrote the section, revising the requirements for compounding pharmacies.
S.C. Code Ann. § 40-55-70 — SC Code / Title 40 / Chapter 55 / Article 1 / Section 40-55-70
SECTION 40-55-70. Use of titles incorporating word "psychologist," or similar words; activities of unlicensed persons not prohibited.
Status: in_force

It shall be unlawful for any person not licensed under this chapter to present himself or be presented to the public by any title incorporating the name "psychologist," "psychological," or "psychology," except that any psychological scientist employed by a recognized research laboratory, school, college, university, or governmental agency may represent himself by the academic or research title conferred by the administration of such firm, institution or agency; and except that a person may represent himself or have himself represented as a psychologist, providing he is a member of the American Psychological Association or of a regional association affiliated therewith or is eligible for such membership. Provided, nothing in this section shall be construed as permitting such persons to offer their services to the public or to accept remuneration for psychological services rendered to persons or organizations other than those firms, institutions or agencies from which they receive their salaries unless they have been licensed under this chapter. Provided, further, psychologists may receive fees for lectures presented outside their regular employment setting without being licensed. Visiting lecturers from other states may also employ their academic or research titles or the designation "psychologist" providing that they are members of or eligible for membership in professional associations as stated in this section. Students of psychology, psychology interns and other persons preparing for the profession of psychologist in recognized training institutions or facilities may be designated by titles such as "psychological trainee," "psychological intern," and other terms clearly indicating their training status. Psychologically trained individuals who do not meet requirements for licensing as provided in SECTION 40-55-80 are permitted to render psychological services when under the direct supervision of a licensed psychologist who assumes professional responsibility for the competence of services rendered and who keeps the board informed of the nature and extent of such services under his supervision.
S.C. Code Ann. § 40-6-330 — SC Code / Title 40 / Chapter 6 / Section 40-6-330
SECTION 40-6-330. Auctioneer Recovery Fund; maintenance and contributions; use of excess funds.
Status: in_force

(A) There is created the Auctioneer Recovery Fund to be maintained by the department for the payment of claims to persons injured by licensees under this chapter. Monies in the fund must be held and carried forward by the State Treasurer separate from the general fund. At least one hundred thousand dollars for recovery and guaranty purposes must be maintained in the fund. Fund monies may be invested and reinvested by the State Treasurer in interest bearing accounts, interest accruing to the fund. Sufficient liquidity must be maintained so that there are monies available to satisfy claims processed through the commission. Expenditures from the fund must be made in accordance with this chapter without legislative appropriation. Warrants for expenditures must be drawn by the Comptroller General pursuant to claims approved and signed by the director of the department. (B) When monies, including principal and interest, are less than forty-five thousand dollars at the end of the fiscal year after payment of claims and expenses, an individual or firm licensee shall pay, in addition to the license fees required under this chapter, a fund contribution fee to be determined by the commission. After the fund is initially established, a new applicant for individual or firm licensure also shall pay a fund contribution fee. However, any fee assessed under this subsection may not exceed fifty dollars a year. (C) The commission may use contents of the fund in excess of one hundred thousand dollars to: (1) promote education and research in the auctioneer profession in order to benefit persons licensed under this chapter and to improve the efficiency of the profession; (2) underwrite educational seminars, training centers, and other forms of educational projects for the use and benefit of licensees; (3) sponsor, contract for, or underwrite education and research projects in order to advance the auctioneers profession in South Carolina. (D) If monies, including principal and interest, in the fund exceed one hundred twenty-five thousand dollars at the end of the fiscal year after payment of claims, expenses, and educational program funding, the amount in excess must be deposited in the state general fund. (E) Persons licensed as auctioneers pursuant to Section 40-6-230(B) or (C) are exempt from contributing to the fund. Editor's Note Prior Laws:1991 Act No. 38, SECTION 1; 1993 Act No. 155, SECTION 15; 1976 Code SECTION 40-6-200.
S.C. Code Ann. § 40-77-120 — SC Code / Title 40 / Chapter 77 / Section 40-77-120
SECTION 40-77-120. Sanctions and disciplinary actions.
Status: in_force

In addition to the sanctions the board may take against a person pursuant to Section 40-38-110, the board may take disciplinary action against a person as provided for in Section 40-1-120.
S.C. Code Ann. § 40-3-320 — SC Code / Title 40 / Chapter 3 / Section 40-3-320
SECTION 40-3-320. Issuance of building permits.
Status: in_force

The building official or other authority charged with the responsibility of issuing building or other similar permits of any county, municipality, or other subdivision, before issuing the permit, must be in possession of a sealed set of plans and specifications for which the seal of a registered architect is required and to verify that the architect who sealed the architectural plans and specifications is an architect registered in South Carolina.
S.C. Code Ann. § 40-30-60 — SC Code / Title 40 / Chapter 30 / Section 40-30-60
SECTION 40-30-60. Preparation and publication of roster.
Status: in_force

(A) The department shall prepare and publish a current roster on its website, updated annually, containing: (1) the names and places of business of individuals licensed pursuant to this chapter; and (2) the names of establishments licensed pursuant to this chapter and the names of their owners. (B) A copy of the roster must be provided upon request and the payment of a fee. Effect of Amendment The 2013 amendment rewrote the section. 2022 Act No. 151, SECTION 2, rewrote the section.
S.C. Code Ann. § 40-15-10 — SC Code / Title 40 / Chapter 15 / Article 1 / Section 40-15-10
SECTION 40-15-10. State Board of Dentistry created.
Status: in_force

The practice of dentistry and dental hygiene and the performance of dental technological work, as hereinafter defined, shall be under the supervision of a board to be known as the South Carolina State Board of Dentistry. The term "board" as used in this chapter shall mean the South Carolina State Board of Dentistry unless otherwise specified.
S.C. Code Ann. § 40-47-196 — SC Code / Title 40 / Chapter 47 / Article 1 / Section 40-47-196
SECTION 40-47-196. Delegation of tasks.
Status: in_force

(A) Specific tasks may be delegated to a CMA by a physician, physician assistant if authorized to do so in his scope of practice guidelines, or advanced practice registered nurse if authorized to do so in his practice agreement. The scope of practice guidelines for a physician assistant and the practice agreement for an advanced practice registered nurse must address what tasks may be appropriately delegated to a CMA, provided, however, that the following tasks must not be delegated to a CMA by a physician assistant or advanced practice registered nurse: (1) administering controlled medications, intravenous medications, contrast agents, or chemotherapy agents; (2) injecting neurotoxin products, neuro modulatory agents, or tissue fillers; (3) using lasers or instruments that results in tissue destruction; (4) placing sutures; (5) taking radiographs or using any ionizing radiation unless the CMA is also a certified limited practice radiographer; (6) analyzing, interpreting, or diagnosing symptoms or tests; (7) triaging patients; and (8) performing a clinical decision-making task by means of telemedicine. (B) A physician, physician assistant, or advanced practice registered nurse may delegate specified tasks to a CMA pursuant to the following requirements: (1) the task must be delegated directly to the CMA by the physician, physician assistant, or advanced practice registered nurse, and not through another licensed practitioner; (2) the task must be performed when the physician, physician assistant, or advanced practice registered nurse delegating the task is in such close proximity as to be immediately available to the CMA if needed; (3) the physician, physician assistant, or advanced practice registered nurse delegating the task must determine that the task is within the training and competency of the CMA and will not pose a significant risk to the patient if improperly performed; (4) the task must not involve the verbal transmission of an order or prescription to a licensed person if the licensed person requires the order or prescription to be in writing; and (5) the CMA must wear an appropriate badge identifying the CMA's status, which must be clearly visible to the patient at all times. (C)(1) A physician or physician assistant, pursuant to the physician assistant's scope of practice guidelines, may delegate nursing tasks to UAP under the supervision of the physician or physician assistant. Such nursing tasks include, but are not limited to, the following: (a) meeting patients' needs for personal hygiene; (b) meeting patients' needs relating to nutrition; (c) meeting patients' needs relating to ambulation; (d) meeting patients' needs relating to elimination; (e) taking vital signs; (f) maintaining asepsis; (g) collecting specimens (urine, stool, sputum); (h) point of care testing and screening tests; (i) recording information; (j) performing nonclinical tasks via telemedicine; and (k) observing, recording, or reporting any of the nursing tasks enumerated in this subsection. (2) Pursuant to the APRN's practice agreement, he may delegate any of the above nursing tasks to a UAP. Effect of Amendment 2024 Act No. 209, SECTION 2, rewrote (C).
S.C. Code Ann. § 40-51-220 — SC Code / Title 40 / Chapter 51 / Section 40-51-220
SECTION 40-51-220. Penalties.
Status: in_force

Any person who shall practice or attempt to practice podiatry or chiropody in this State without having complied with the provisions of this chapter shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than two hundred dollars nor more than five hundred dollars or imprisoned for not less than ninety days, nor more than one year, or both.
S.C. Code Ann. § 40-69-290 — SC Code / Title 40 / Chapter 69 / Article 1 / Section 40-69-290
SECTION 40-69-290. Emergency clinics.
Status: in_force

An emergency clinic or emergency hospital is a facility which advertises or otherwise purports to provide veterinary medical services during specified hours of operation or during periods when these services are not normally available through other facilities. Nothing contained in this chapter is intended to prohibit a facility from providing services of an emergency nature. A licensed veterinarian must be in attendance at the emergency facility at all hours of operation and have sufficient staff always available to provide timely and appropriate care.
S.C. Code Ann. § 40-77-170 — SC Code / Title 40 / Chapter 77 / Section 40-77-170
SECTION 40-77-170. Payment of costs for investigation and prosecution.
Status: in_force

A person found in violation of this chapter or regulations promulgated under this chapter may be required to pay costs associated with the investigation and prosecution of the case in accordance with Section 40-1-170.
S.C. Code Ann. § 40-43-70 — SC Code / Title 40 / Chapter 43 / Section 40-43-70
SECTION 40-43-70. Federally qualified health centers.
Status: in_force

(A) For purposes of this section: (1) "Board" means the South Carolina Board of Pharmacy. (2) "Federally qualified health center" or "FQHC" means an entity funded by the Bureau of Primary Health Care (BPHC) under Section 330 of the Public Health Service Act as amended by the Health Centers Consolidation Act of 1996. (3) "Health center delivery site" means a physical location where a licensed practitioner duly employed by or under contract with an FQHC provides primary and preventative health care services to patients of that FQHC. An FQHC may have multiple health center delivery sites. (B) This section does not prevent a licensed practitioner, as defined in Section 40-43-30, from dispensing a drug or device for a patient of an FQHC if: (1) a drug dispensed by the FQHC is properly labeled in accordance with state and federal law; (2) the patient is given a choice of receiving the drug or device from the FQHC or from another provider; (3) as it pertains to an FQHC without a retail pharmacy, the FQHC must obtain and maintain an FQHC permit as designated by this section; and (a) monthly shall conduct and submit to the Board of Pharmacy self inspections and maintain written checklists that are readily available to the Board of Pharmacy for on-site visits; and (b) designate a pharmacist duly licensed by and in good standing with the Board of Pharmacy as a consultant pharmacist to be responsible for the duties stated in this section at the FQHC permit holder's location. A consultant pharmacist shall sign a new or renewal application along with the FQHC permit holder and agree in writing to assume the responsibilities of a consultant pharmacist. The consultant pharmacist shall perform and maintain written quarterly inspections that are readily available. The FQHC permit holder and consultant pharmacist shall notify the board in writing within ten days of a change of consultant pharmacist. A designation of an individual as a consultant pharmacist or delegation of duties to a consultant pharmacist by a holder of an FQHC permit may not relieve the permit holder of the FQHC permit holder's duties under state or federal laws or regulations; (4) as it pertains to a health center delivery site established after January 1, 2011, by an FQHC without a retail pharmacy, as a condition of permitting by the board pursuant to item (3) of subsection (B), this FQHC must certify to the board that it made a good faith effort but was unable to reach an agreement with an existing retail pharmacy located within five miles of the FQHC health center delivery site pursuant to which the existing retail pharmacy would provide prescription drugs to all FQHC patients at the same cost, convenience, and efficacy provided by the proposed new FQHC health center delivery site; (5) as it pertains to an FQHC with a permitted retail pharmacy: (a) the FQHC's retail pharmacy must be permitted pursuant to Section 40-43-83; (b) the FQHC must obtain and maintain an FQHC permit for its affiliated health center delivery sites without an on-site pharmacy; and (i) those affiliated delivery sites will be subject to the inspection requirements outlined in item (3) of this subsection; and (ii) the FQHC pharmacist may serve as the consultant pharmacist for the FQHC's affiliated delivery sites; (c) with prior approval of the Board of Pharmacy, the FQHC pharmacist may serve as the pharmacist in charge for more than one pharmacy at a time and need not be physically present in the pharmacy to serve as its pharmacist in charge. (C) The Board of Pharmacy shall promulgate regulations needed to effectuate the purposes of this section. Code Commissioner's Note At the direction of the Code Commissioner, an incorrect reference to a subsection in Section 40-43-30 was removed.
S.C. Code Ann. § 40-13-290 — SC Code / Title 40 / Chapter 13 / Section 40-13-290
SECTION 40-13-290. Requirements and restrictions applicable to schools and salons; inspections.
Status: in_force

(A) No school may be affiliated with or located at the same address as a salon operated for profit. All salons and schools shall have running hot and cold water and drainage in rooms used for salons or schools. The owner or manager of any salon or school shall not permit a person to sleep in, or use for residential purposes, a room used wholly or partly as a salon or school. (B) The members of the board, or their authorized agents, may enter a salon or school at any reasonable time for purposes of inspection.
S.C. Code Ann. § 40-10-44 — SC Code / Title 40 / Chapter 10 / Section 40-10-44
SECTION 40-10-44. Grandfathered primary qualifying parties.
Status: in_force

(A) An individual who was grandfathered as a primary qualifying party for a fire sprinkler contractor cannot qualify another fire sprinkler contractor if the grandfathered primary qualifying party leaves the employment of the entity in which he was the original primary qualifying party. (B) A grandfathered primary qualifying party for a fire sprinkler contractor may change his or her organizational style of business, and the grandfathered primary qualifying party may continue to qualify the licensed fire sprinkler contractor.
S.C. Code Ann. § 40-36-610 — SC Code / Title 40 / Chapter 36 / Article 3 / Section 40-36-610
SECTION 40-36-610. Oversight, dispute resolution, and enforcement.
Status: in_force

(A) Oversight (1) The executive, legislative, and judicial branches of state government in each member state shall enforce this compact and take all actions necessary and appropriate to effect 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 member state pertaining to the subject matter of this compact which may affect the powers, responsibilities, or actions of the commission. (3) The commission is entitled to receive service of process in any such proceeding, and has standing to intervene in such a proceeding for all purposes. Failure to provide service of process to the commission renders a judgment or order void as to the commission, this compact, or promulgated rules. (B) Default, Technical Assistance, and Termination (1) If the commission determines that a member state has defaulted in the performance of its obligations or responsibilities under this compact or the promulgated rules, the commission shall provide: (a) written notice to the defaulting state and other member states of the nature of the default, the proposed means of curing the default and any other action, if any, to be taken by the commission; and (b) remedial training and specific technical assistance regarding the default. (2) If a state in default fails to cure the default, the defaulting state may be terminated from the compact upon an affirmative vote of a majority of the member states, and all rights, privileges and benefits conferred by this compact may be terminated on the effective date of termination. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of default. (3) Termination of membership in the compact must be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate must be given by the commission to the governor, the majority and minority leaders of the defaulting state's legislature, and each of the member states. (4) A state that has been terminated is responsible for all assessments, obligations, and liabilities incurred through the effective date of termination, including obligations that extend beyond the effective date of termination. (5) The commission may not bear any costs related to a state that is found to be in default or that has been terminated from the compact, unless agreed upon in writing between the commission and the defaulting state. (6) The defaulting state may appeal the action of the commission by petitioning the United States District Court for the District of Columbia or the federal district where the commission has its principal offices. The prevailing member must be awarded all costs of such litigation, including reasonable attorney's fees. (C) Dispute Resolution (1) Upon request by a member state, the commission shall attempt to resolve disputes related to the compact that arise among member states and between member and nonmember states. (2) The commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes as appropriate. (D) Enforcement (1) The commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this compact. (2) By majority vote, the commission may initiate legal action in the United States District Court for the District of Columbia or the federal district where the commission has its principal offices against a member state in default to enforce compliance with the provisions of the compact and its promulgated rules and bylaws. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing member must be awarded all costs of such litigation, including reasonable attorney's fees. (3) The remedies in this section are not exclusive. The commission may pursue any other remedies available under federal or state law.
S.C. Code Ann. § 40-82-20 — SC Code / Title 40 / Chapter 82 / Section 40-82-20
SECTION 40-82-20. Definitions.
Status: in_force

As used in this chapter: (1) "Containers" means all vessels including, but not limited to, tanks, cylinders, or pressure vessels used for storage of liquefied petroleum gases. (2) "Contractor" means a person or company engaging in the installation, servicing, repairing, adjusting, disconnecting or connecting piping to bulk storage tanks, pumps, compressors and equipment for gas systems. (3) "Cylinder exchange company" means a business which provides filled liquefied petroleum gas cylinders for purchase or exchange. (4) "Dealer" means a person engaging in the installation of liquefied petroleum gas systems or in the manufacture, distribution, sale, storing, or transporting by tank truck, tank trailer, or container of liquefied petroleum gases or engaging in installing, servicing, repairing, adjusting, disconnecting, or connecting appliances to liquefied petroleum gas systems and containers. (5) "Installer of appliances and equipment" means a person engaging in the business of installing, servicing, repairing, adjusting, disconnecting, or connecting appliances and equipment to liquefied petroleum gas systems or containers. (6) "Liquefied petroleum gas" means material composed predominately of hydrocarbons or mixtures of hydrocarbons, including propane, propylene, butanes (normal butane or isobutane), and butylenes. (7) "Reseller" means a person engaging in the resale of liquefied petroleum gas by filling cylinders of not more than one hundred pounds capacity of liquefied petroleum gas and who owns and operates this business separate and independent of a dealer except that the reseller may purchase liquefied petroleum gas from a dealer as an independent contractor. (8) "Systems" means an assembly of equipment consisting of the container and any device which is connected to the container for the utilization of liquefied petroleum gas. (9) "Transporter" means a person engaging in the transportation of liquefied petroleum gas for hire only in quantities greater than three thousand five hundred water gallons from pipeline terminals to bulk plants. (10) "Utility gas plant" means a fuel gas distribution facility owned or operated by a public utility or municipal or local government authority that uses liquefied petroleum gas to supplement natural gas supplies when necessary.
S.C. Code Ann. § 40-8-100 — SC Code / Title 40 / Chapter 8 / Section 40-8-100
SECTION 40-8-100. Records; adoption and notification of use, care, management, and merchandise installation policies; service fees.
Status: in_force

(A) A record must be kept of every lot owner and every burial in the cemetery showing the date of purchase, date of burial, name of the person buried and of the lot owner, and space in which the burial was made. Sales, trust funds, accounting records, and other records of the licensee must be available at the licensee's principal place of business at reasonable times during regular business hours for examination by the department. In addition, the owner of a perpetual care cemetery shall have the records of the care and maintenance fund examined annually by a licensed public accountant and shall submit a copy of the report to the board or its designee. (B) A record must be kept of each written complaint received, action taken, and disposition of the complaint. These records must be available for examination by the chairman or other authorized representative of the board. (C) The owner of a cemetery shall adopt and enforce policies and procedures for the use, care, control, management, restriction, and protection of the cemetery and its parts and subdivisions, the use of property within a cemetery, the introduction and care of plants or shrubs within the grounds, the conduct of persons and prevention of improper assemblages, and other purposes considered necessary by the owner of the cemetery for the proper conduct of the business of the cemetery and the protection of the premises and the principles on which the cemetery was organized. The owner may amend or abolish the policies and procedures pursuant to subsection (H). The regulations must be printed or typewritten plainly, posted conspicuously, and maintained, subject to inspection by the board or its designee, at the usual place for transacting the regular business of the cemetery. The owner must also include in this posting a statement explaining that it is acceptable to purchase memorials and merchandise from vendors other than the cemetery if the items meet the reasonable policies and procedures established for those items by the cemetery. However, a cemetery licensed under this chapter may not adopt policies or procedures in conflict with this chapter or in derogation of the contract rights of lot owners. (D) The owner of a cemetery shall establish reasonable policies and procedures regarding the type material, design, composition, finish, specifications, and installation of merchandise to be used in the cemetery. However, a policy or procedure may not be promulgated which: (1) requires the owner or purchaser of a lot to purchase a monument or marker or the actual installation of a monument or marker from the cemetery company; (2) restricts the right of the owner or purchaser of a lot to purchase a monument or marker or the actual installation of a monument from the vendor of his choice; (3) charges the owner or purchaser of a lot a fee for purchasing a monument or marker or the actual installation of a monument from a vendor or charges a vendor a fee for delivering or installing the monument; (4) discriminates against an owner or a purchaser of a lot who has purchased a monument or services related to installation of a monument from a vendor. (E) Subsection (D) does not prohibit the cemetery from charging the owner or purchaser of a lot a reasonable fee for services actually performed by the cemetery relating to the installation, care, and maintenance of a monument or marker including, but not limited to, the survey, recording, and supervision of the installation of the monument or marker, whether or not it is purchased from a cemetery or an outside vendor. (F) These policies and procedures must be posted conspicuously and maintained, subject to inspection by the department, at the usual place for transacting the regular business of the cemetery. A cemetery owner may not prevent the use of merchandise purchased by a lot owner or his representative, agent, heirs, or assigns from any source if the merchandise meets cemetery regulations. (G) When an internment right is sold, the cemetery must provide a written listing of the current charges associated with all merchandise, memorials, and services that are then required by the cemetery. The cemetery also shall provide a list of cemetery services for which there may be a later charge. When a monument, marker, or memorial is sold by a cemetery company, the cemetery shall provide on the sales contract an itemized statement of the fees charged for installation, care, and maintenance of the monument, marker, or memorial. Fees charged for installation, care, and maintenance of a monument, marker, or memorial must be shown on the statement as charges separate from its price, and the statement shall disclose the amount of fees to be placed in trust by the cemetery company. The board shall promulgate regulations for the disclosure of fees and services. (H) Policies and procedures established, amended, or abolished by a cemetery pursuant to this section must be submitted to the board for its approval.
S.C. Code Ann. § 40-47-740 — SC Code / Title 40 / Chapter 47 / Article 6 / Section 40-47-740
SECTION 40-47-740. Licensing of current auricular therapists or auricular detoxification specialists.
Status: in_force

(A) An auricular therapist or an auricular detoxification specialist who is currently approved by the board to practice in this State, who has remained in good standing, and who has successfully completed a nationally recognized clean needle technique course approved by the board must receive initial licensure under this article after submitting: (1) a completed application as prescribed by the board; (2) fees as provided for in Section 40-47-800. (B) However, a license issued pursuant to subsection (A) is only valid for two years. Thereafter for license renewal the individual must have successfully passed a board-approved nationally recognized training program in auricular therapy or auricular detoxification and satisfy the licensure requirements prescribed in this article.
S.C. Code Ann. § 40-55-20 — SC Code / Title 40 / Chapter 55 / Article 1 / Section 40-55-20
SECTION 40-55-20. State Board of Examiners in Psychology.
Status: in_force

There is hereby created a State Board of Examiners in Psychology to be composed of three clinical psychologists, two counseling psychologists, one school psychologist, one psychologist who is licensed in experimental, social, industrial/organizational or community psychology, and one lay member.
S.C. Code Ann. § 40-63-610 — SC Code / Title 40 / Chapter 63 / Article 3 / Section 40-63-610
SECTION 40-63-610. Oversight; default; termination; dispute resolution; enforcement.
Status: in_force

(A) Oversight: (1) The executive and judicial branches of state government in each member state shall enforce this compact and take all actions necessary and appropriate to implement the compact. (2) Venue is proper and judicial proceedings by or against the commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the commission is located. The commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings. Nothing herein shall affect or limit the selection or propriety of venue in any action against a licensee for professional malpractice, misconduct or any such similar matter. (3) The commission shall be entitled to receive service of process in any proceeding regarding the enforcement or interpretation of the compact and shall have standing to intervene in such a proceeding for all purposes. Failure to provide the commission service of process shall render a judgment or order void as to the commission, this compact, or promulgated rules. (B) Default, technical assistance, and termination: (1) If the commission determines that a member state has defaulted in the performance of its obligations or responsibilities under this compact or the promulgated rules, the commission shall provide written notice to the defaulting state. The notice of default shall describe the default, the proposed means of curing the default, and any other action that the commission may take, and shall offer training and specific technical assistance regarding the default. (2) The commission shall provide a copy of the notice of default to the other member states. (C) If a state in default fails to cure the default, the defaulting state may be terminated from the compact upon an affirmative vote of a majority of the delegates of the member states, and all rights, privileges and benefits conferred on that state by this compact may be terminated on the effective date of termination. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of default. (D) 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 given by the commission to the governor, the majority and minority leaders of the defaulting state's legislature, the defaulting state's state licensing authority and each of the member states' state licensing authority. (E) A state that has been terminated is responsible for all assessments, obligations, and liabilities incurred through the effective date of termination, including obligations that extend beyond the effective date of termination. (F) Upon the termination of a state's membership from this compact, that state shall immediately provide notice to all licensees within that state of such termination. The terminated state shall continue to recognize all licenses granted pursuant to this compact for a minimum of six months after the date of said notice of termination. (G) The commission shall not bear any costs related to a state that is found to be in default or that has been terminated from the compact, unless agreed upon in writing between the commission and the defaulting state. (H) The defaulting state may appeal the action of the commission by petitioning the Unites States District Court for the District of Columbia or the federal district where the commission has its principal offices. The prevailing party shall be awarded all costs of such litigation, including reasonable attorney's fees. (I) Dispute resolution: (1) Upon request by a member state, the commission shall attempt to resolve disputes related to the compact that arise among member states and between member and nonmember states. (2) The commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes as appropriate. (J) Enforcement: (1) By majority vote as provided by rule, the commission may initiate legal action against a member state in default in the United States District Court for the District of Columbia or the federal district where the commission has its principal offices to enforce compliance with the provisions of the compact and its promulgated rules. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation, including reasonable attorney's fees. The remedies herein shall not be the exclusive remedies of the commission. The commission may pursue any other remedies available under federal or the defaulting member state's law. (2) A member state may initiate legal action against the commission in the United States District Court for the District of Columbia or the federal district where the commission has its principal offices to enforce compliance with the provisions of the compact and its promulgated rules. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation, including reasonable attorney's fees. (3) No person other than a member state shall enforce this compact against the commission. 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. § 40-36-180 — SC Code / Title 40 / Chapter 36 / Article 1 / Section 40-36-180
SECTION 40-36-180. Collection and enforcement provisions for costs and fines.
Status: in_force

All costs and fines imposed pursuant to this chapter must be paid in accordance with and are subject to the collection and enforcement provisions of Section 40-1-180.
S.C. Code Ann. § 40-41-30 — SC Code / Title 40 / Chapter 41 / Article 1 / Section 40-41-30
SECTION 40-41-30. Amount of fee fixed by governing body of county.
Status: in_force

The governing body of each county shall fix and establish such license fees in its county at their first meeting in January of every year except as otherwise provided herein. Should the governing body of any county fail to fix such license fee at the designated meeting herein provided for, such fee may be fixed at any subsequent, regular or specifically called meeting of such governing body.
S.C. Code Ann. § 40-82-330 — SC Code / Title 40 / Chapter 82 / Section 40-82-330
SECTION 40-82-330. 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. § 40-15-90 — SC Code / Title 40 / Chapter 15 / Article 1 / Section 40-15-90
SECTION 40-15-90. "Dental technological work" defined.
Status: in_force

The term "dental technological work" as used in this chapter is hereby defined as the extra-oral procedures of constructing, making, altering or repairing, relining or duplicating of dental prosthetic or orthodontic appliances. The persons performing dental technological work, other than dentists, shall be referred to as dental technicians.
S.C. Code Ann. § 40-7-180 — SC Code / Title 40 / Chapter 7 / Section 40-7-180
SECTION 40-7-180. Costs and fines subject to collection and enforcement provisions of Section 40-1-180.
Status: in_force

All costs and fines imposed pursuant to this chapter must be paid in accordance with and are subject to the collection and enforcement provisions of Section 40-1-180.
S.C. Code Ann. § 40-33-1315 — SC Code / Title 40 / Chapter 33 / Article 15 / Section 40-33-1315
SECTION 40-33-1315. General provisions and jurisdiction.
Status: in_force

(A) A multistate license to practice registered or licensed practical/vocational nursing issued by a home state to a resident in that state will be recognized by each party state as authorizing a nurse to practice as a registered nurse (RN) or as a licensed practical/vocational nurse (LPN/VN), under a multistate licensure privilege, in each party state. (B) A state must implement procedures for considering the criminal history records of applicants for initial multistate license or licensure by endorsement. These procedures must include the submission of fingerprints or other biometric-based information by applicants for the purpose of obtaining an applicant's criminal history record information from the Federal Bureau of Investigation and the agency responsible for retaining that state's criminal records. (C) Each party state shall require the following for an applicant to obtain or retain a multistate license in the home state: (1) meets the home state's qualifications for licensure or renewal of licensure, as well as all other applicable state laws; (2) has graduated: (a) or is eligible to graduate from a licensing board-approved RN or LPN/VN prelicensure education program; or (b) from a foreign RN or LPN/VN prelicensure education program that has been: (i) approved by the authorized accrediting body in the applicable country; and (ii) verified by an independent credentials review agency to be comparable to a licensing board-approved prelicensure education program; (3) has, if a graduate of a foreign prelicensure education program not taught in English or if English is not the individual's native language, successfully passed an English proficiency examination that includes the components of reading, speaking, writing, and listening; (4) has successfully passed an NCLEX-RN or NCLEX-PN examination or recognized predecessor, as applicable; (5) is eligible for or holds an active, unencumbered license; (6) has submitted, in connection with an application for initial licensure or licensure by endorsement, fingerprints or other biometric data for the purpose of obtaining criminal history record information from the Federal Bureau of Investigation and the agency responsible for retaining that state's criminal records; (7) has not been convicted or found guilty, or has entered into an agreed disposition, of a felony offense under applicable state or federal criminal law; (8) has not been convicted or found guilty, or has entered into an agreed disposition, of a misdemeanor offense related to the practice of nursing as determined on a case-by-case basis; (9) is not currently enrolled in an alternative program; (10) is subject to self-disclosure requirements regarding current participation in an alternative program; and (11) has a valid United States Social Security number. (D) All party states must be authorized, in accordance with existing state due process law, to take adverse action against a nurse's multistate licensure privilege such as revocation, suspension, probation, or any other action that affects a nurse's authorization to practice under a multistate licensure privilege, including cease and desist actions. If a party state takes such action, it shall promptly notify the administrator of the coordinated licensure information system. The administrator of the coordinated licensure information system must promptly notify the home state of any such actions by remote states. (E) A nurse practicing in a party state must comply with the state practice laws of the state in which the client is located at the time service is provided. The practice of nursing is not limited to patient care, but must include all nursing practice as defined by the state practice laws of the party state in which the client is located. The practice of nursing in a party state under a multistate licensure privilege will subject a nurse to the jurisdiction of the licensing board, the courts and the laws of the party state in which the client is located at the time service is provided. (F) Individuals not residing in a party state shall continue to be able to apply for a party state's single-state license as provided under the laws of each party state. However, the single-state license granted to these individuals will not be recognized as granting the privilege to practice nursing in any other party state. Nothing in this compact may affect the requirements established by a party state for the issuance of a single-state license. (G) A nurse holding a home state multistate license, on the effective date of this compact, may retain and renew the multistate license issued by his then-current home state, provided that a nurse who: (1) changes primary state of residence after this compact's effective date, must meet all applicable requirements of subsection (C) to obtain a multistate license from a new home state; and (2) fails to satisfy the multistate licensure requirements in subsection (C) due to a disqualifying event occurring after this compact's effective date must be ineligible to retain or renew a multistate license, and the nurse's multistate license must be revoked or deactivated in accordance with applicable rules adopted by the Interstate Commission of Nurse Licensure Compact Administrators. Editor's Note 2005 Act No. 87, SECTION 7, provides as follows: "This act takes effect upon approval by the Governor and applies to nursing licenses applied for after September 30, 2006." Effect of Amendment 2017 Act No. 41, SECTION 1, rewrote the section to reflect changes mandated for membership in the Nurse Licensure Compact. Former section was titled Recognition of multistate licensure privilege; revocation or suspension of license; nonparty state license applicants.
S.C. Code Ann. § 40-15-370 — SC Code / Title 40 / Chapter 15 / Article 1 / Section 40-15-370
SECTION 40-15-370. Injunctions; Office of Attorney General as representative of board.
Status: in_force

The board may, in its own name, maintain a suit for an injunction against any person violating any provision of this chapter. The suit shall be commenced and prosecuted before an administrative law judge as provided under Article 5 of Chapter 23 of Title 1 in the same manner as other suits in equity. An injunction may be issued without proof of actual damage sustained by any person. An injunction shall not relieve a person from criminal prosecution for violation of any provision of this chapter. The Office of the Attorney General of South Carolina shall, if requested by the board, represent the board in connection with legal proceedings undertaken pursuant to this chapter.
S.C. Code Ann. § 40-67-500 — SC Code / Title 40 / Chapter 67 / Article 3 / Section 40-67-500
SECTION 40-67-500. Citation.
Status: in_force

This article may be cited as the "Audiology and Speech-Language Pathology Interstate Compact Act".
S.C. Code Ann. § 40-47-1245 — SC Code / Title 40 / Chapter 47 / Article 9 / Section 40-47-1245
SECTION 40-47-1245. Sponsoring anesthesiologist; protocol delineating services provided by anesthesiologist's assistant.
Status: in_force

An anesthesiologist who agrees to act as the sponsoring anesthesiologist of an anesthesiologist's assistant shall adopt a written practice protocol that delineates the service that the anesthesiologist's assistant is authorized to provide and the manner in which the anesthesiologist will supervise the anesthesiologist's assistant. The anesthesiologist shall base the provisions of the protocol on consideration of relevant quality assurance standards, including being present at the most important times of the case and timely review of the patient's anesthesia record at appropriate times during the course of the anesthetic procedure. The protocol must be reviewed by the anesthesiologist at least once a year.
S.C. Code Ann. § 40-43-84 — SC Code / Title 40 / Chapter 43 / Section 40-43-84
SECTION 40-43-84. Internship and externship certificates; program requirements; intern and extern restrictions; requirements for supervisory site and pharmacist.
Status: in_force

(A) All applicants for licensure by examination shall obtain one thousand five hundred hours of practical experience in the practice of pharmacy. The board shall establish certificate requirements for interns/externs and standards for internship, or any other experiential program necessary to qualify an applicant for licensure. The board shall issue an intern certificate to a qualified applicant. No intern/extern may receive credit for practical experience unless he has been issued a certificate by the board. Such certificate must be granted only to individuals who have been accepted by or graduated from an approved college of pharmacy, but no sooner than three months before beginning pharmacy school. No credit shall be given for internships worked more than three months before beginning pharmacy school or if the student does not matriculate. A foreign pharmacy graduate may secure a certificate of registration as a pharmacy intern upon presenting to the board proof of graduation from a pharmacy school located in a foreign country and a statement of his intent to complete the requirements of the Foreign Pharmacy Graduate Equivalency Examination (FPGEE). (B) An intern/extern may not represent himself as a pharmacist. The board shall issue to an intern/extern a certificate for purposes of identification and verification of his role as an intern/extern. The internship certificate must be displayed in the pharmacy or site in which the experience is being gained. No individual who has not been issued a certificate by the board as an intern/extern shall take, use, or exhibit the title of intern/extern, or any other term of similar like or import. (C) An intern/extern may engage in the practice of pharmacy if such activities are under the direct supervision of a licensed pharmacist. The pharmacist shall physically review the prescription drug order and the dispensed product before the product is delivered to the patient or the patient's agent. The pharmacist is responsible for the work of the intern/extern. A pharmacist may not supervise more than one intern at any one time Pharmacy interns/externs shall not be left in sole charge of a prescription department or other approved site at any time. Violation of this may result in cancellation of any and all internship/externship hours toward licensure that may have been accrued by the intern/extern, and may, in the discretion of the board, cause the board after sufficient notice to the pharmacy intern/extern, to revoke or suspend the internship certificate as provided above. The supervising pharmacist or designated pharmacist may also be subject to disciplinary action by the board. An applicant for licensure, who is guilty of compounding or dispensing a prescription of a practitioner or selling legend drugs or medicines while not under the supervision of a licensed pharmacist may be refused licensure. (D) All interns shall notify the board of any change of employment or residence address within ten days. (E) Credit for claims of practical experience required under the pharmacy laws will not be recognized by the board unless such claims are corroborated by records on file in the board office, showing the beginning and ending of the practical experience claimed as supplied by the applicant during the training period and by the pharmacist who supervised the practical experience during the training period. (F) The pharmacy, site, or program in which practical experience is being obtained shall have a current, valid pharmacy permit, as required by this chapter, and the designated pharmacist shall hold a current, valid license to practice pharmacy. Effect of Amendment 2024 Act No. 221, SECTION 4, in the first paragraph of (C), deleted the second sentence, which provided that a pharmacist must be in continuous personal eye and voice contact with, and actually giving instructions to, the intern/extern during all professional activities throughout the entire period of the internship/externship.
S.C. Code Ann. § 40-47-30 — SC Code / Title 40 / Chapter 47 / Article 1 / Section 40-47-30
SECTION 40-47-30. Licensure requirement; excepted activities; physician licensed in another state.
Status: in_force

(A) A person may not practice medicine in this State unless the person is twenty-one years of age and has been authorized to do so pursuant to the provisions of this article. Nothing in this article may be construed to: (1) prohibit service in cases of emergency or the domestic administration of family remedies; (2) apply to those who practice the religious tenets of their church without pretending a knowledge of medicine if the laws, rules, and regulations relating to contagious diseases and sanitary matters are not violated; (3) prohibit licensed pharmacists from selling, using, and dispensing drugs in their places of business; (4) allow under any circumstances, physicians' assistants or optometrists' assistants to make a refraction for glasses or give a contact lens fitting; (5) Deleted; (6) prohibit the practice of any legally qualified licensee of another state who is employed by the United States government or any department, bureau, division, or agency of the United States government, while in the discharge of official duties; (7) prohibit students while engaged in training in a medical school approved by the board; (8) prohibit practicing dentistry, nursing, optometry, podiatry, psychology, or another of the healing arts in accordance with state law; (9) prohibit the practice of any legally qualified licensee of another state involved in the transport of patients to medical facilities or the lawful procurement of organs or other body parts for medical use. (10) prohibit a physician from practicing in actual consultation with a physician licensed in this State concerning an opinion for the South Carolina physician's consideration in managing the care or treatment of a patient in this State. (B)(1) A physician licensed in another state, territory, or other jurisdiction of the United States or of any other nation or foreign jurisdiction is exempt from the requirements of licensure in this State, if the physician: (a) holds an active license to practice in the other jurisdiction; (b) engages in the active practice of medicine in the other jurisdiction; and (c) is employed or designated as the team physician by an athletic team visiting the State for a specific sporting event or team training camp. (2) A physician's practice pursuant to this section is limited to the members, coaches, and staff of the team by which the physician is employed or designated. A physician practicing in this State pursuant to this section does not have practice privileges in any licensed health care facility and is not authorized to issue orders or prescriptions or to order testing at a medical facility in this State. (C) Nothing in this chapter may be construed to authorize a physician to delegate the performance of radiological services in violation of Chapter 74 of Title 44. Editor's Note Prior Laws:1881 (17) 571; 1887 (19) 820; 1888 (20) 54; 1890 (20) 699; Civ. C. '02 SECTION 1112; 1904 (24) 512; 1905 (24) 938; 1908 (25) 1083; Civ. C. '12 SECTION 1618; 1920 (31) 1004; Civ. C. '22 SECTIONS 2399, 2400; 1932 Code SECTIONS 5149, 5150; 1942 Code SECTIONS 5149, 5150; 1952 Code SECTION 56-1355; 1962 Code SECTION 56-1355; 1969 (56) 754; 1974 (58) 1948; 1982 Act No. 406; 1976 Code SECTION 40-47-60. Effect of Amendment 2016 Act No. 212, SECTION 1, in (B)(1)(c), inserted "or team training camp". 2022 Act No. 171, SECTION 6, deleted (A)(5), which related to provisions concerning the delegation by physicians of certain tasks to unlicensed assistive personnel.
S.C. Code Ann. § 40-47-1790 — SC Code / Title 40 / Chapter 47 / Article 11 / Section 40-47-1790
SECTION 40-47-1790. Construction of article.
Status: in_force

Nothing in this article may be construed to require school districts to hire licensed athletic trainers.
S.C. Code Ann. § 40-53-30 — SC Code / Title 40 / Chapter 53 / Section 40-53-30
SECTION 40-53-30. Definitions.
Status: in_force

In this chapter, unless the context requires a different meaning: (1) "Internship" means the study of polygraph examinations and of the administration of polygraph examinations by a trainee under the personal supervision and control of a polygraph examiner in accordance with a course of study prescribed by the South Carolina Law Enforcement Division at the commencement of internship; (2) "Person" means any natural person, firm, association, copartnership, or corporation; (3) "Polygraph examiner" means any person who purports to be able to detect deception or verify truth of statements through instrumentation or the use of a mechanical device; (4) "The Division" means the South Carolina Law Enforcement Division; (5) "Active Investigative Experience" means experience as a detective or an investigator where the act of interrogation or debriefing is practiced on a case-by-case basis.
S.C. Code Ann. § 40-33-110 — SC Code / Title 40 / Chapter 33 / Article 1 / Section 40-33-110
SECTION 40-33-110. Grounds for discipline of licensees.
Status: in_force

(A) In addition to the grounds provided in Section 40-1-110, upon finding misconduct the board may cancel, fine, suspend, revoke, issue a public reprimand or a private reprimand, or restrict, including probation or other reasonable action such as requiring additional education and training, the authorization to practice of a person who has: (1) violated a federal, state, or local law involving alcohol or drugs or committed an act involving a crime of moral turpitude. A conviction is not required to prove misconduct under this item. The board may receive evidence to reach an independent conclusion as to the commission of the violation; however, the determination may be used only in making the administrative decision regarding the proposed discipline; (2) allowed another person to use the licensee's authorization to practice; (3) wilfully or repeatedly followed a course of conduct that, by reasonable professional or ethical standards, renders the licensee incompetent to assume, perform, or be entrusted with the duties, responsibilities, or trusts which normally devolve upon a licensed nurse; (4) had a license to practice nursing in another state suspended or revoked or had other disciplinary action taken by another state; in which case, the action by another state creates a rebuttable presumption that a South Carolina nursing license may be acted upon similarly. The finding may be based solely upon the record in the other state, and there is no requirement for a de novo hearing on the facts established in that proceeding. Other evidence is admissible to support or rebut this presumption. The licensee must produce a copy of all transcripts, documents, orders, or other items from the other state's proceedings upon request by the department. Failure to produce all requested items within ninety days of the request results in the immediate temporary suspension of the license until further order of the board; (5) violated a provision of this chapter or a regulation or order of the board; (6) failed to cooperate with an investigation or other proceeding of the board; (7) failed to comply with a directive or order of the department or board; (8) disseminated a patient's health or personal information acquired during the course of practice to persons not entitled by law or hospital or agency policy to disclosure of this information; (9) falsified or altered, for the purpose of reflecting incorrect or incomplete information, any organization's records, including personnel records or patient records; (10) misappropriated money, property, or drugs from an employer or patient; (11) obtained or attempted to obtain a fee for patient service for one's self or for another through fraud, misrepresentation, or deceit; (12) wilfully aided, abetted, assisted, or hired an individual to violate a provision of this chapter or a regulation of the board; (13) obtained, possessed, administered, or furnished prescription drugs to a person including, but not limited to, one's self, except as directed by a person authorized by law to prescribe drugs; (14) engaged in the practice of nursing when judgment or physical ability is impaired by alcohol, drugs, or controlled substances or has declined or been unsuccessful in accomplishing rehabilitation; (15) sustained a physical or mental disability that renders further practice dangerous to the public; (16) omitted, in a grossly negligent fashion, to record information concerning a patient that would be relevant to that patient's condition; (17) indicated the witnessing of wastage of narcotics or controlled substances on record when the wastage was not witnessed or failed to obtain a witness to the wastage of narcotics or controlled substances; (18) failed to make or keep accurate, intelligible entries in records as required by law, policy, or standards for the practice of nursing; (19) obtained, or attempted to obtain, a license to practice nursing for one's self or for another through fraud, deceit, misrepresentation, or any other dishonesty in any phase of the licensing process including, but not limited to, the examination; (20) practiced nursing without a valid, current South Carolina license or aided, abetted, or assisted another to practice nursing without a valid, current South Carolina license; (21) practiced outside the scope of the license by assuming duties and responsibilities without adequate education as determined by the board; (22) failed to report incompetent or unprofessional practice of a licensed nurse to the appropriate authorities, including the board; (23) assigned unqualified persons to perform nursing care functions, tasks, or responsibilities or failed to effectively supervise persons to whom nursing functions are delegated or assigned; (24) abandoned a patient after accepting the patient assignment and establishing a nurse-patient relationship and disengaged the nurse-patient relationship without giving reasonable notice to the appropriate personnel responsible for making arrangements for continuation of nursing care; (25) failed to comply with best practice standards and recommendations to minimize transmission of infectious or communicable diseases; (26) failed to timely notify the department of changes in information required in an original or renewal application; (27) engaged in practice as an NP, CNS, or CNM without a compliant practice agreement as defined in Section 40-33-20(45); (28) failed to follow or comply with the practice agreement as defined by Section 40-33-20(45); or (29) knowingly allowed himself to be misrepresented as a physician. (B)(1) Acts or omissions by a licensee or applicant causing the denial, revocation, suspension, or restriction of a license to practice in another state supports the issuance of a formal complaint and the commencement of disciplinary proceedings. This subsection applies only if the disciplinary action taken in another state is based on grounds that would constitute misconduct in this State. 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. (2) Upon filing an application or an initial complaint alleging that the applicant or licensee has been disciplined in another state, the applicant or licensee must produce copies of all transcripts, documents, and orders used, relied upon, or issued by the licensing authority in the other state. Failure to produce these items within ninety days of written request results in the denial of the individual's application or suspension of the individual's license to practice in this State until these items have been provided. (3) The applicant or licensee may present mitigating testimony to the board or hearing panel regarding disciplinary action taken in another state or evidence that the acts or omissions committed in another state do not constitute misconduct under this chapter. Effect of Amendment 2018 Act No. 234, SECTION 3, in (A), inserted (27), (28), and (29), relating to engaging in practice as a NP, CNS, or CNM without a compliant practice agreement, failure to comply with a practice agreement, and knowingly allowing oneself to be misrepresented as a physician, respectively.
S.C. Code Ann. § 40-81-160 — SC Code / Title 40 / Chapter 81 / Section 40-81-160
SECTION 40-81-160. Appeal.
Status: in_force

A person aggrieved by a final action of the commission may seek review of the decision in accordance with Section 40-1-160.
S.C. Code Ann. § 40-56-10 — SC Code / Title 40 / Chapter 56 / Section 40-56-10
SECTION 40-56-10. State Board of Pyrotechnic Safety.
Status: in_force

(A) The State Board of Pyrotechnic Safety is composed of seven members appointed by the Governor. One appointee must be employed by a local fire authority, one must be a pyrotechnics retailer, one must be a pyrotechnics wholesaler, one must be a law enforcement representative, and three must be members of the public who shall not possess any pecuniary interest in any entity engaged in a business directly involving the sale of pyrotechnics. A seat on the board that remains vacant for sixty days must be filled through an appointment by the Chairman of the House Labor, Commerce and Industry Committee, and the Chairman of the Senate Labor, Commerce and Industry Committee. (B) The terms of office for members are for four years and until their successors are appointed and qualified. Vacancies must be filled in the manner of the original appointment for the unexpired portion of the term. (C) The board shall meet at least annually and not more than once per month. All meetings must be scheduled at the call of the chairman. The board shall elect from its members a chairman, vice chairman, and other officers as it considers necessary to serve for terms of one year and until their successors are elected and qualified. All members shall receive mileage, per diem, and subsistence as provided by law for members of state boards, committees, and commissions for days on which they are transacting official business, to be paid by the board. (D) 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. Effect of Amendment The 2010 amendment rewrote the section.
S.C. Code Ann. § 40-77-70 — SC Code / Title 40 / Chapter 77 / Section 40-77-70
SECTION 40-77-70. Seal.
Status: in_force

In addition to those powers and duties provided for in this chapter and in Section 40-1-70, the board shall adopt an official seal.
S.C. Code Ann. § 40-47-130 — SC Code / Title 40 / Chapter 47 / Article 1 / Section 40-47-130
SECTION 40-47-130. Grounds for denial of licensure.
Status: in_force

As provided in Section 40-1-130, the board may deny licensure to an applicant based on the same grounds for which the board may take disciplinary action against a licensee.
S.C. Code Ann. § 40-11-10 — SC Code / Title 40 / Chapter 11 / Article 1 / Section 40-11-10
SECTION 40-11-10. South Carolina Contractor's licensing Board created; membership; terms; filling vacancies.
Status: in_force

(A) There is created the South Carolina Contractor's Licensing Board under the administration of the Department of Labor, Licensing and Regulation. The purpose of this board is to protect the health, safety, and welfare of the public through the regulation of businesses and individuals who identify, assess, and provide contracting work to individuals or other legal entities through the administration and enforcement of this chapter and any regulation promulgated under this chapter and Article 1, Chapter 1. (B) The board consists of nine members appointed by the Governor, seven of whom must be licensed contractors. Of the seven contractors, one must have as the larger part of his business the construction of highways, one must have as the larger part of his business the construction of public utilities, one must have as the larger part of his business the construction of commercial, industrial, and institutional buildings, one must have as the larger part of his business the performance of heating, plumbing, or air conditioning work, one must have as the larger part of his business the performance of electrical work, and one must have as the larger part of his business the installation, servicing, and responding to burglar or fire alarm systems, and one must have as the larger part of his business the performance of fire sprinklers systems work. Two members must be consumer members representing the public at large. Nominations for appointment to the board may be submitted to the Governor by the board or an individual, group, or association. (C) Members serve terms of five years and until their successors are appointed and qualify. A vacancy on the board must be filled in the manner of the original appointment for the remainder of the unexpired term. Editor's Note Prior Laws:1936 (39) 1675; 1942 Code SECTION 7084-2; 1952 Code SECTION 56-402; 1962 Code SECTION 56-402; 1956 (49) 1762; 1983 Act No. 151, Part II, SECTION 39A; 1992 Act No. 360, SECTION 7; 1976 Code SECTION 40-11-20. Effect of Amendment 2023 Act No. 69, SECTION 1, in (A), in the second sentence, substituted "contracting" for "contract".
S.C. Code Ann. § 40-29-325 — SC Code / Title 40 / Chapter 29 / Section 40-29-325
SECTION 40-29-325. Dealer license number required in certain advertisements.
Status: in_force

Licensed manufactured housing retail dealers shall include their dealer license number on any print, Internet, or email advertisement by the retail dealer for the sale of a manufactured home located in South Carolina.
S.C. Code Ann. § 40-47-118 — SC Code / Title 40 / Chapter 47 / Article 1 / Section 40-47-118
SECTION 40-47-118. Discovery; exchange of information and evidence; depositions; prehearing motions.
Status: in_force

(A) Discovery is not permitted in a medical disciplinary proceeding except as provided in this chapter. Within twenty days of an answer being filed, the Office of General Counsel, or its designee, and the respondent or counsel shall exchange the names and addresses of all persons known to have knowledge of the relevant facts. Except as provided in Section 40-47-190, the name and address of the initial complainant or a confidential informant must not be exchanged unless the person is expected to testify in the proceeding. The Office of General Counsel, or its designee, or the respondent or counsel may withhold information only with permission of the presiding officer, who shall authorize withholding of the information only for good cause shown, taking into consideration the materiality of the information possessed by the witness and the position the witness occupies in relation to the respondent. The presiding officer's review of the withholding request must be en camera, but the party making the request shall advise the opposing party of the request without disclosing the subject of the request. The presiding officer shall set a date for the exchange of the names and addresses of all witnesses the parties intend to call at the hearing. (B) The Office of General Counsel, or its designee, and respondent or counsel shall exchange: (1) notwithstanding Section 40-47-190, evidence relevant to the formal charges, documents to be presented at the hearing and statements of witnesses who will be called at the hearing, except evidence privileged pursuant to other state law. For purposes of this item, a witness statement is a written statement signed or otherwise adopted or approved by the person making it or a stenographic, mechanical, electrical, or other recording, or a transcription of any of these, which is a substantially verbatim recital of an oral statement by the person making it and contemporaneously recorded; and (2) other material only upon good cause shown to the presiding officer of the panel. (C) Copies of transcripts of testimony taken by a court reporter pursuant to this section may be obtained by the parties from the court reporter at the expense of the requesting party and are not required to be made available to the requesting party by the opposing party unless not otherwise available. (D) Depositions are only allowed if agreed upon by the Office of General Counsel, or its designee, and the respondent or counsel, or if the presiding officer grants permission to do so based upon a showing of good cause. The presiding officer may place restrictions or conditions on the manner, time, and place of an authorized deposition. Depositions must be completed not later than fifteen days before a scheduled hearing. A deposition request filed less than fifteen days before a scheduled hearing must not be granted absent a showing of exceptional circumstances. (E) A party may take the deposition de bene esse of a supporting witness who will be unavailable to testify at hearing without order of the presiding officer and as a matter of right under due process of law. Other parties must be notified and afforded the opportunity to participate in the deposition de bene esse upon not less than ten days notice, unless sooner ordered by the presiding officer or agreed to by all participating parties. The admissibility of a deposition de bene esse or portion of the deposition must be determined by the presiding officer or board not less than five days prior to the time it is to be offered into evidence. (F) Prehearing motions must be made to the presiding officer in writing and must state the grounds for relief and the relief sought. Motions pertaining to the hearing must be filed not later than ten days before the hearing date, unless otherwise ordered by the presiding officer. Any party may file a written response to the motion within five days unless the time is extended or shortened by the presiding officer. (G) Notwithstanding any other provision of this section, the Office of General Counsel, or its designee, shall provide the respondent with exculpatory evidence relevant to the formal charges. (H) Both parties have a continuing duty to supplement information required to be exchanged under this section. (I) If a party fails to disclose timely a witness's name and address, statements by the witness, or other evidence required to be disclosed or exchanged pursuant to this section, the panel or presiding officer may grant a continuance of the hearing, preclude the party from calling the witness or introducing the document, or take other action as may be appropriate. If the Office of General Counsel, or its designee, has not disclosed timely exculpatory material, the panel or presiding officer may require the matter to be disclosed and grant a continuance or take other action as may be appropriate. (J) Disputes concerning depositions and the disclosure or exchange of information must be determined by the panel or presiding officer. Review of these decisions are not subject to an interlocutory appeal and must be challenged by filing objections to the panel's report within fifteen days from the service of the report. Failure to file objections to the panel report constitutes acceptance of the ruling on the issue.
S.C. Code Ann. § 40-45-160 — SC Code / Title 40 / Chapter 45 / Article 1 / Section 40-45-160
SECTION 40-45-160. 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. § 40-67-510 — SC Code / Title 40 / Chapter 67 / Article 3 / Section 40-67-510
SECTION 40-67-510. Purpose.
Status: in_force

The purpose of this compact is to facilitate interstate practice of audiology and speech-language pathology with the goal of improving public access to audiology and speech-language pathology services. The practice of audiology and speech-language pathology occurs in the state where the patient, client, or student is located at the time of the patient, client, or student's encounter. The compact preserves the regulatory authority of states to protect public health and safety through the current system of state licensure. This compact is designed to achieve the following objectives: (1) increase public access to audiology and speech-language pathology services by providing for the mutual recognition of other member state licenses; (2) enhance the states' ability to protect the public's health and safety; (3) encourage the cooperation of member states in regulating multistate audiology and speech-language pathology practice; (4) support spouses of relocating active duty military personnel; (5) enhance the exchange of licensure, investigative, and disciplinary information between member states; (6) allow a remote state to hold a provider of services with a compact privilege in that state accountable to that state's practice standards; and (7) allow for the use of telehealth technology to facilitate increased access to audiology and speech-language pathology services.
S.C. Code Ann. § 40-68-20 — SC Code / Title 40 / Chapter 68 / Section 40-68-20
SECTION 40-68-20. Department to adopt regulations; Administrative Procedures Act to govern; licensee governed by chapter and regulations.
Status: in_force

The department shall adopt regulations necessary to administer this chapter. Regulations must be adopted in compliance with the Administrative Procedures Act. A licensee is governed and controlled by this chapter and the regulations adopted by the department.
S.C. Code Ann. § 40-47-1285 — SC Code / Title 40 / Chapter 47 / Article 9 / Section 40-47-1285
SECTION 40-47-1285. Grounds for disciplinary action.
Status: in_force

Misconduct constituting grounds for revocation, suspension, probation, reprimand, restrictions, or denial of a license must be found when an anesthesiologist's assistant: (1) has knowingly allowed himself or herself to be misrepresented as a physician; (2) has filed or has had filed on his or her behalf with the board any false, fraudulent, or forged statement or documents; (3) has performed any work assignment, task, or other activity which is not on the anesthesiologist's assistant's written practice protocol; (4) misuses alcohol or drugs to such a degree to render him or her unfit to practice as an anesthesiologist's assistant; (5) has been convicted of a felony or a crime involving moral turpitude or drugs; (6) has sustained any physical or mental disability which renders further practice dangerous to the public; (7) has engaged in any dishonorable or unethical conduct that is likely to deceive or harm patients; (8) has used or made any false or fraudulent statement in any document connected with practice or licensure as an anesthesiologist's assistant; (9) has obtained or assisted another person in obtaining fees under dishonorable, false, or fraudulent circumstances; (10) has violated or conspired with another person to violate any provision of this article; or (11) otherwise demonstrates a competence required to act as an anesthesiologist's assistant.
S.C. Code Ann. § 40-36-520 — SC Code / Title 40 / Chapter 36 / Article 3 / Section 40-36-520
SECTION 40-36-520. Definitions.
Status: in_force

As used in this compact and except as otherwise provided: (1) "Active duty military" means full-time duty status in the active uniformed service of the United States, including members of the National Guard and Reserve on active duty orders pursuant to 10 U.S.C. Chapter 1209 and Chapter 1211. (2) "Adverse action" means any administrative, civil, equitable, or criminal action permitted by the laws of a state that is imposed by a licensing board or other authority against an occupational therapist or occupational therapy assistant, including actions against the license or compact privilege of an individual, such as censure, revocation, suspension, probation, monitoring of the licensee, or restriction on the practice of the licensee. (3) "Alternative program" means a nondisciplinary monitoring process approved by an occupational therapy licensing board. (4) "Compact privilege" means the authorization, which is equivalent to a license, granted by a remote state to allow a licensee from another member state to practice as an occupational therapist or practice as an occupational therapy assistant in the remote state under its laws and rules. The practice of occupational therapy occurs in the member state where the patient/client is located at the time of the patient/client encounter. (5) "Continuing competence/education" means a requirement, as a condition of license renewal, to provide evidence of participation in, and completion of, educational and professional activities relevant to practice or area of work. (6) "Current significant investigative information" means investigative information that a licensing board, after an inquiry or investigation that includes notification and an opportunity for the occupational therapist or occupational therapy assistant to respond, if required by state law, has reason to believe is not groundless and, if proved true, would indicate more than a minor infraction. (7) "Data system" means a repository of information about licensees including, but not limited to, license status, investigative information, compact privileges, and adverse actions. (8) "Encumbered license" means a license in which an adverse action restricts the practice of occupational therapy by the licensee or said adverse action has been reported to the National Practitioners Data Bank (NPDB). (9) "Executive committee" means a group of directors elected or appointed to act on behalf of, and within the powers granted to them by, the commission. (10) "Home state" means the member state that is the licensee's primary state of residence. (11) "Impaired practitioner" means individuals whose professional practice is adversely affected by substance abuse, addiction, or other health-related conditions. (12) "Investigative information" means information, records, and documents received or generated by an occupational therapy licensing board pursuant to an investigation. (13) "Jurisprudence requirement" means the assessment of an individual's knowledge of the laws and rules governing the practice of occupational therapy in a state. (14) "Licensee" means an individual who currently holds an authorization from the state to practice as an occupational therapist or as an occupational therapy assistant. (15) "Member state" means a state that has enacted the compact. (16) "Occupational therapist" means an individual who is licensed by a state to practice occupational therapy. (17) "Occupational therapy assistant" means an individual who is licensed by a state to assist in the practice of occupational therapy. (18) "Occupational therapy", "occupational therapy practice", or the "practice of occupational therapy" means the care and services provided by an occupational therapist or an occupational therapy assistant as set forth in the statutes and regulations of the member state. (19) "Occupational Therapy Compact Commission" or "commission" means the national administrative body whose membership consists of all states that have enacted the compact. (20) "Occupational therapy licensing board" or "licensing board" means the agency of a state that is authorized to license and regulate occupational therapists and occupational therapy assistants. (21) "Primary state of residence" means the state, also known as the home state, in which an occupational therapist or occupational therapy assistant who is not active duty military declares a primary residence for legal purposes as verified by a driver's license, federal income tax return, lease, deed, mortgage, voter registration, or other verifying documentation as further defined by commission rules. (22) "Remote state" means a member state, other than the home state, where a licensee is exercising or seeking to exercise the compact privilege. (23) "Rule" means a regulation promulgated by the commission that has the force of law. (24) "State" means a state, commonwealth, district, or territory of the United States of America that regulates the practice of occupational therapy. (25) "Single-state license" means an occupational therapist license or occupational therapy assistant license issued by a member state that authorizes practice only within the issuing state and does not include a compact privilege in another member state. (26) "Telehealth" means the application of telecommunication technology to deliver occupational therapy services for: (a) assessment; (b) intervention; (c) consultation; or (d) any combination of (a) through (c).
S.C. Code Ann. § 40-75-225 — SC Code / Title 40 / Chapter 75 / Article 1 / Section 40-75-225
SECTION 40-75-225. Licensure as addiction counselor; requirements.
Status: in_force

(A) An applicant for licensure as an addiction counselor before October 1, 2018 must: (1)(a) complete a human services field program of study and field experiences from an accredited educational institution, culminating in a master's degree, and hold a current certification as a Certified Addiction Counselor II (CACII) or Certified Clinical Supervisor (CCS) through the South Carolina Association of Alcohol and Drug Abuse Counselors, a current certification as a Masters Addiction Counselor (MAC) or National Certified Addiction Counselor II (NCACII) through the National Association of Alcohol and Drug Abuse Counselors, or a current certification as an Alcohol and Drug Counselor (ADC) or Advanced Alcohol and Drug Counselor (AADC) from the International Certification and Reciprocity Consortium; and (b) demonstrate at least two years full-time or four thousand hours of experience within the last five years working primarily with the substance use-disordered population, which may be experience in direct service providing or in a supervisory/consulting environment; (2)(a) be currently licensed in this State as a Professional Counselor, Professional Counselor Supervisor, or Marriage and Family Therapist; and (b) demonstrate at least two years full-time or four thousand hours of experience within the last five years working primarily with the substance use-disordered population, which may be experience in direct service providing or in a supervisory/consulting environment; or (3)(a) complete a human services field program of study and field experiences from an accredited educational institution, culminating in a bachelor's degree, hold a current certification as a Certified Addiction Counselor II (CACII) through the South Carolina Association of Alcohol and Drug Abuse Counselors, a current certification as a National Certified Addiction Counselor II (NCACII) through the National Association of Alcohol and Drug Abuse Counselors, or a current Certification as an Advanced Alcohol and Drug Counselor (AADC) from the International Certification and Reciprocity Consortium; and (b) demonstrate at least five years full-time or ten thousand hours of experience within the last eight years working primarily with the substance use-disordered population, which may be experience in direct service providing or in a supervisory/consulting environment. (B) An applicant for licensure as an addiction counselor after October 1, 2018, must meet the standards provided in Section 40-75-220.
S.C. Code Ann. § 40-29-330 — SC Code / Title 40 / Chapter 29 / Section 40-29-330
SECTION 40-29-330. Policy and purpose to protect against hazards and provide safety.
Status: in_force

Manufactured homes, and their integral parts, because of the manner of their construction, assembly, and use and that of their systems, components and appliances, including, but not limited to, heating, plumbing, and electrical systems, like other finished products having concealed vital parts, may present hazards to the life and safety of persons and to the safety of property unless properly manufactured. In the sale of manufactured homes, there is also the possibility of defects not readily ascertainable when inspected by purchasers. It is the policy and purpose of this State to provide protection to the public against those possible hazards and for that purpose to forbid the manufacture and sale of new manufactured homes which are not constructed so as to provide safety and protection to their owners and users and further to require that the business practices of the industry are fair and orderly. Editor's Note Prior Laws:1989 Act No. 128, SECTION 1; 1996 Act No. 301, SECTION 14; 1976 Code SECTION 40-29-40.
S.C. Code Ann. § 40-29-327 — SC Code / Title 40 / Chapter 29 / Section 40-29-327
SECTION 40-29-327. Authorized officials required in each location; licensure; notice.
Status: in_force

Each licensed manufactured housing retail dealer location must have one authorized official representing the dealership. An authorized official who is not the dealer must hold a manufactured home retail salesperson or retail dealer license. The board must be notified in writing within twenty days if the authorized official changes.
S.C. Code Ann. § 40-59-600 — SC Code / Title 40 / Chapter 59 / Article 3 / Section 40-59-600
SECTION 40-59-600. Penalties; actions to enforce contract; injunction.
Status: in_force

(A) The administrator is authorized to use the powers granted to him pursuant to this chapter to enforce the provisions of this article. (B) A home inspector who is not otherwise exempt from this article who undertakes or attempts to undertake the business of home inspection without first obtaining a license or who knowingly presents, or files with, the commission false information for the purpose of obtaining a license is guilty of a misdemeanor and: (1) for the first offense, upon conviction, must be fined not more than one hundred dollars or imprisoned for not more than thirty days, or both; (2) for a second offense, upon conviction, must be fined not more than two hundred dollars or imprisoned for not more than ninety days, or both. (3) for a third and subsequent offense, upon conviction, the person must be fined not more than one thousand dollars or imprisoned not more than one hundred eighty days, or both. (C) A home inspector who does not have a license as required by this article may not bring an action either at law or in equity to enforce the provisions of a contract for home inspection which he entered into in violation of this article. (D) If it appears to the commission that a home inspector has violated, or is about to violate, a provision of this article, the commission may in its own name petition an administrative law judge to issue a temporary restraining order enjoining the violation of this article, pending a full hearing to determine whether or not the injunction must be made permanent. Editor's Note Prior Laws:1994 Act No. 463, SECTION 3; 1976 Code SECTION 40-59-270.
S.C. Code Ann. § 40-55-60 — SC Code / Title 40 / Chapter 55 / Article 1 / Section 40-55-60
SECTION 40-55-60. Code of ethics; limits of psychological practice; list of licensed psychologists.
Status: in_force

The board may adopt the code of ethics for psychologists to govern the practices and conduct of psychologists licensed under this chapter. Whenever important aspects of a case fall outside the boundaries of the psychologist's competence, the psychologist shall consult appropriate specialists. A psychologist may not attempt to diagnose, prescribe for, treat, or advise a client with reference to complaints which are outside the limits of psychological practice as determined by the board. The board shall determine areas of specialization of the applicant to practice psychology and inform the applicant of its decision. The board shall publish a list of licensed psychologists which indicates areas of practice authorized by the board. The board shall have the authority to administer and participate in the "Psychology Interjurisdictional Compact (Psypact)" set forth in Article 3 of this chapter and to recognize and permit the authority to practice interjurisdictional telepsychology and temporary practice in South Carolina as established under such compact. Effect of Amendment 2022 Act No. 159, SECTION 3, added the sixth sentence.
S.C. Code Ann. § 40-7-80 — SC Code / Title 40 / Chapter 7 / Section 40-7-80
SECTION 40-7-80. Investigation of complaints and violations of chapter.
Status: in_force

The Department of Labor, Licensing and Regulation on behalf of the board shall investigate complaints and violations of this chapter as provided for in Section 40-1-80.
S.C. Code Ann. § 40-43-87 — SC Code / Title 40 / Chapter 43 / Section 40-43-87
SECTION 40-43-87. Nuclear/radiologic pharmacy practice; regulations set by Nuclear Regulatory Commission; revocation of materials license; inspections; hearings regarding violations of state or federal law.
Status: in_force

(A) Nuclear/radiologic pharmacy practice refers to a patient-oriented service that embodies the scientific knowledge and professional judgment required to improve and promote health through the assurance of the safe and efficacious use of radiopharmaceuticals and other drugs. Nuclear/radiologic pharmacies also shall adhere to the regulations established by the Nuclear Regulatory Commission as they pertain to the practice of nuclear pharmacy. The pharmacist-in-charge of a nuclear pharmacy must be a qualified nuclear pharmacist. All personnel performing tasks in the preparation and distribution of radiopharmaceuticals and ancillary drugs must be under the direct supervision of a qualified nuclear pharmacist. (B) Revocation of the radioactive materials license from the Department of Health and Environmental Control voids the pharmacy permit immediately and the permit must be returned to the board within ten days. (C) Copies of all regulatory inspection reports must be made available upon request for board inspection. (D) The nuclear pharmacist-in-charge shall notify the Board of Pharmacy by letter of the outcome of any hearings that are conducted pursuant to citations for violations of state or federal laws or regulations governing radioactive materials. Notification must be within thirty days of the date of the hearing. (E) For purposes of this section, "qualified nuclear pharmacist" means a pharmacist who holds a current license issued by the South Carolina Board of Pharmacy, and who is either certified as a nuclear pharmacist by the Board of Pharmaceutical Specialties, or meets minimal standards of training for status as an authorized user of radioactive material, as specified by the Nuclear Regulatory Commission. Effect of Amendment 2024 Act No. 132, SECTION 3, deleted (E), which related to space and equipment requirements for nuclear pharmacy facilities, and redesignated former (F) as (E).
S.C. Code Ann. § 40-6-100 — SC Code / Title 40 / Chapter 6 / Section 40-6-100
SECTION 40-6-100. Cease and desist order; petition for temporary restraining order; temporary injunction.
Status: in_force

(A) In addition to other remedies provided for in this chapter or Chapter 1 of Title 40, the commission in accordance with Section 40-1-100 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 or a regulation promulgated under this chapter. (B) If the commission has reason to believe that a person is violating or intends to violate a provision of this chapter or a regulation promulgated under this chapter, it may, in addition to all other remedies, order the person to desist immediately and refrain from the conduct. The commission may apply to an administrative law judge for an injunction restraining the person from the conduct. The judge may issue a temporary injunction ex parte not to exceed ten days and, upon notice and full hearing, may issue any other order in the manner it considers proper. No bond may be required of the commission by the judge as a condition to the issuance of an injunction or order contemplated by the provisions of this section.
S.C. Code Ann. § 40-67-620 — SC Code / Title 40 / Chapter 67 / Article 3 / Section 40-67-620
SECTION 40-67-620. Date of implementation; associated rules; withdrawal; amendment.
Status: in_force

(A) The compact takes effect on the date on which the compact statute is enacted into law in the tenth member state. The provisions, which become effective at that time, shall be limited to the powers granted to the commission relating to assembly and the promulgation of rules. Thereafter, the commission shall meet and exercise rulemaking powers necessary to the implementation and administration of the compact. (B) Any state that joins the compact subsequent to the commission's initial adoption of the rules is subject to the rules as they exist on the date on which the compact becomes law in that state. Any rule that has been previously adopted by the commission has the full force and effect of law on the day the compact becomes law in that state. (C) Any member state may withdraw from this compact by enacting a statute repealing the same. (1) A member state's withdrawal does not take effect until six months after enactment of the repealing statute. (2) Withdrawal does not affect the continuing requirement of the withdrawing state's audiology or speech-language pathology licensing board to comply with the investigative and adverse action reporting requirements of this act prior to the effective date of withdrawal. (D) Nothing contained in this compact may be construed to invalidate or prevent any audiology or speech-language pathology licensure agreement or other cooperative arrangement between a member state and a nonmember state that does not conflict with the provisions of this compact. (E) This compact may be amended by the member states. No amendment to this compact becomes effective and binding upon any member state until it is enacted into the laws of all member states.
S.C. Code Ann. § 40-8-110 — SC Code / Title 40 / Chapter 8 / Section 40-8-110
SECTION 40-8-110. Care and maintenance trust funds; merchandise accounts; financial reports; penalties.
Status: in_force

(A) A cemetery company is not permitted to establish a perpetual care cemetery or to operate an already-established perpetual care cemetery without providing for the future care and maintenance of the cemetery, for which a trust fund must be established to be known as "The Care and Maintenance Trust Fund of (name of licensee)". If a perpetual care cemetery company refuses or otherwise fails to provide or maintain an adequate care and maintenance trust fund in accordance with the provisions of this chapter, the board, after thirty days, shall enforce compliance. The trust fund agreement shall contain the name, location, and address of both the licensee and the trustee, showing the date of the trust agreement and the deposit in the trust of the required funds. No person shall transfer the corpus of the care and maintenance trust fund without first obtaining written consent from the board. (B) At the time of making a sale or receiving the initial deposit on the sale of grave space, niche, or mausoleum crypt, the cemetery company shall deliver to the person to whom the sale is made, or who makes the deposit, an instrument in writing which shall specifically state that the net income of the care and maintenance trust fund must be used solely for the care and maintenance of the cemetery, for reasonable costs of administering the care and maintenance, and for reasonable costs of administering the trust fund. This information must be included in the sales contract. (C) A perpetual care cemetery shall deposit into the care and maintenance fund not less than forty dollars or a minimum of ten percent of the sale price, whichever is greater, per grave space and niche, and one hundred dollars per mausoleum crypt sold or a minimum of five percent of the sales price, whichever is greater. Also, for a memorial or grave marker for installation in a cemetery where perpetual care is promised or guaranteed, the cemetery shall transmit to the care and maintenance trust fund an amount equal to a minimum of eight cents per square inch of the memorial's or the marker's base. All deposits must be made within sixty days upon receipt of final payment. (D) Within ninety days after the end of the calendar or fiscal year of the cemetery company, the trustee shall furnish adequate financial reports with respect to the care and maintenance trust fund on forms prescribed and provided by the board. The board shall require the trustee to make any additional financial reports the board considers advisable. (E) The care and maintenance trust fund must be invested and reinvested by the trustee in the same manner as provided by law for the investment of other trust funds. The fees and other expenses of the trust fund may be paid from the corpus. To the extent that the net income is not sufficient to pay the fees and other expenses, they must be paid by the cemetery company. (F)(1) Upon payment in full, a licensee receiving funds from the sale of merchandise for use in a cemetery in connection with the burial or commemoration of a deceased human being when the use of contracted merchandise is not requested or required immediately shall store or warehouse the contracted merchandise, or bond or deposit the funds in a merchandise account with a financial institution licensed to do business in this State. Notwithstanding any other provision of law, all funds deposited in the merchandise account must be held for the benefit of the purchaser of the merchandise. Any such merchandise account must be subject to Section 40-8-110(G). The cemetery company shall maintain a record of each deposit into the account, identify the name of the purchaser, the amount of the actual costs to the seller, and the amount of money to be deposited, and maintain a copy of the contract for the merchandise. This section does not prohibit the licensee from commingling the deposits in a fund of this kind to manage and invest the funds. (2) When a memorial, a mausoleum crypt, or other merchandise is sold in advance of need and not installed, delivered, or bonded until a later date, one hundred percent of the actual cost to the seller at the time of deposit must be placed in a merchandise account within sixty days after completion of the contract with interest to accrue and must not be withdrawn without the consent of the purchaser until the time of delivery or construction. (3) The funds must be held in a merchandise account as to principal and income earned and must remain intact, until delivery of the merchandise is made by the cemetery company or other entity; however, any service fees charged by the administering financial institution may be deducted from the income. Upon delivery of the merchandise, the cemetery company or other entity shall certify these facts. Upon this certification, the amount of money on deposit to the credit of that particular contract, including principal and income, must be paid to the cemetery company or other entity. (4) After payment in full and before delivery of merchandise, a purchaser may make written demand for a refund of the amount deposited in the merchandise account to the credit of the purchaser, and within ninety days of receipt of the written demand, the licensee shall deliver the merchandise or refund to the purchaser the amount on deposit to his credit. Upon the refund or delivery of merchandise, the cemetery company is relieved from further liability for this merchandise. (G) The licensee, annually and within ninety days after the end of the calendar year, shall file a financial report, signed by a licensed accountant, of the merchandise account fund with the board on forms provided by the board setting forth the principal, investments, and payments made and the income earned and disbursed. The board may require the licensee to make additional financial reports the board considers advisable. (H) The board may cause the examination of the business of a cemetery company or other entity writing contracts for the sale of the property or services described in this section. The written report of the examination must be filed in this office of the board. A person or an entity being examined shall produce the records of the company needed for the examination. (I) A provision of a contract for the sale of merchandise described in this section which provides that the purchaser or beneficiary may waive this section is void. (J) Cemetery owners shall have a full and complete schedule of charges for services provided by the cemetery plainly printed or typewritten, posted conspicuously, and maintained, subject to inspection and copying, at the usual place for transacting the regular business of the cemetery. (K) A cemetery company or other entity failing to make required contributions to a care and maintenance trust fund or to a merchandise account fund is guilty of a misdemeanor and, upon conviction, must be punished pursuant to Section 40-8-190. (L) If a report is not received within the required time, the board may levy and collect a penalty of not less than twenty-five dollars a day or more than one hundred dollars a day for each day of delinquency.
S.C. Code Ann. § 40-58-50 — SC Code / Title 40 / Chapter 58 / Section 40-58-50
SECTION 40-58-50. Application for licensure; applicant work experience and education requirements; exceptions; license required for qualified loan originator.
Status: in_force

(A) An application to become licensed as a mortgage broker or loan originator must be in writing, under oath, and in a form prescribed by the administrator. The application must contain any information the administrator deems necessary including the name and complete business and residential address or addresses, and social security number or if applicable Employer Identification Number (EIN) of the applicant. If the applicant for a mortgage broker license is a partnership, association, limited liability company, corporation, or other form of business organization, the names and complete business and residential addresses of each member, director, and principal officer and a list of all employees who engage in direct brokerage activity including, but not limited to, loan originators. (B)(1) The application for a mortgage broker license must include an affirmation of financial solvency noting bonding requirements required by the administrator and the descriptions of the business activities, credit history, financial responsibility, educational background, and general character and fitness of the applicant and any partner, officer, or director, a person occupying a similar status or performing similar functions, or a person directly or indirectly controlling the applicant as required by this chapter, including consent to national criminal history record checks and a set of the applicant's fingerprints in a form acceptable to the administrator. The application must be accompanied by a nonrefundable fee, payable to the department, of five hundred fifty dollars, in addition to the actual cost of obtaining credit reports and national criminal history record checks by the Federal Bureau of Investigation (FBI). Using the information supplied by the administrator, the applicant must undergo national criminal record checks, supported by fingerprints, by the FBI. The results of these criminal record checks must be reported to the administrator. The Nationwide Mortgage Licensing System and Registry is authorized to retain the fingerprints for certification purposes and for notification of the administrator regarding criminal charges. The administrator shall keep all information pursuant to this section privileged, in accordance with applicable state and federal guidelines. (2) An applicant for a mortgage broker's license must have at least three years' experience in financial services or financial services related business or other experience or competency requirements the administrator may impose before an initial license is issued. (a) Instead of a showing of three years' experience, an applicant may show proof of three years' employment with a federally insured depository institution, or a VA-, FHA-, or HUD-approved mortgagee. (b) Instead of one of the required year's experience, an applicant may show proof of the equivalent of six or more semester hours of satisfactorily completed course work in real estate finance, real estate law, or similar course work counting toward the successful completion of a degree that is baccalaureate level or more advanced with a major or minor in finance, accounting, business administration, real estate finance, economics, or similar baccalaureate or more advanced degree, approved by the administrator or the administrator's designee, from an accredited college or university. (3) If the applicant is a partnership, limited liability company (LLC), or corporation, at least one partner, member-manager, or principal officer shall have the experience required for the applicant. Each applicant shall identify the person meeting the experience requirement to serve as the applicant's managing principal. The managing principal shall operate the business under his full charge, control, and supervision. The managing principal also may serve as the branch manager of a licensee branch office. Each main and branch office of a mortgage broker licensed pursuant to this chapter must have a branch manager who meets the experience requirements of subsection (B)(2). The mortgage broker licensee must designate a managing principal in writing and notify the administrator of any changes in managing principal. The managing principal and each branch manager must meet the requirements in subsection (C) of this section. (C) The application for a loan originator license must designate the employing mortgage broker and must include descriptions of the business activities, credit history, financial responsibility, educational background, and general character and fitness of the applicant as required by this chapter, including consent to national criminal history record checks and a set of the applicant's fingerprints in a form acceptable to the administrator. The application must be accompanied by a nonrefundable fee, payable to the department, of fifty dollars, in addition to the actual cost of obtaining credit reports and national criminal history record checks by the FBI. Using the information supplied by the administrator, the applicant must undergo national criminal record checks, supported by fingerprints, by the FBI. The results of these criminal record checks must be reported to the administrator. The Nationwide Mortgage Licensing System and Registry is authorized to retain the fingerprints for certification purposes and for notification of the administrator regarding criminal charges. The administrator shall keep all information pursuant to this section privileged, in accordance with applicable state and federal guidelines. Additionally, the applicant must: (1) complete satisfactorily a prelicensing educational course of at least twenty hours, which shall include at least three hours on South Carolina laws and regulations, and the National Test Component with Uniform State Content approved pursuant to 12 U.S.C. 5101, et seq.; (2) have never had a loan originator license revoked in any governmental jurisdiction; (3) have not been convicted of, or pled guilty or nolo contendere to, a felony in a domestic, foreign, or military court: (i) during the ten-year period preceding the date of application for licensing, or (ii) at any time if the felony involved an act of fraud, dishonesty, breach of trust, or money laundering; and (4) be at least eighteen years of age and otherwise comply with this chapter. (D) Any sole proprietor, general partner, member or manager of a limited liability company, or officer of a corporation who meets individually the requirements of subsection (C) of this section, upon payment of the applicable fee, meets the qualifications for licensure as a loan originator subject to the provisions of Section 40-58-60 of this chapter. (E)(1) A person may not act as a qualified loan originator in this State without first being licensed with the administrator. It is unlawful for a person to employ, to compensate, or to appoint as its agent a qualified loan originator unless the qualified loan originator is licensed pursuant to this chapter. The license of a qualified loan originator is not effective during any period when that person is not supervised pursuant to an exclusive written contract by a mortgage broker licensed pursuant to this chapter. When a qualified loan originator ceases to be supervised by a licensed mortgage broker, the qualified loan originator and the mortgage broker shall notify promptly the administrator in writing. The mortgage broker's notice must include a statement of the specific reason or reasons for the termination of the qualified loan originator's exclusive written contract. The reason for termination is confidential information and may not be released to the public. (2) An application to become licensed as a qualified loan originator must be in writing, under oath, and in a form prescribed by the administrator. The application must contain any and all information in Sections 40-58-50(A) and (C) and be accompanied by a nonrefundable annual licensing fee of one hundred dollars. Additionally, the applicant must: (a) meet the requirements of Section 40-58-50(C); (b) meet the surety bond requirement of a mortgage broker pursuant to Section 40-58-40. Principal on the surety is the qualified loan originator; (c) act as an agent for a single mortgage broker licensee, who: (i) is responsible for supervising the qualified loan originator as required by this chapter and in accordance with a plan of supervision approved by the administrator in the administrator's sole discretion; (ii) signs the license application of the applicant; and (iii) is jointly and severally liable with the qualified loan originator for any claims arising from the qualified loan originator's mortgage origination activities. (3) Pursuant to Section 40-58-110, a qualified loan originator license expires on December thirty-first and must be renewed pursuant to that section and accompanied by a nonrefundable annual licensing fee of one hundred dollars. (4) Each office location of a qualified loan originator is a branch office of the supervising mortgage broker licensee, and must be operated as any other branch office pursuant to this chapter. (5) In addition to the activities prohibited by other provisions of state or federal law, it is unlawful for a qualified loan originator to: (a) be compensated on a basis that is dependent upon the interest rate, fees, or other terms of the loan originated, provided that this section does not prohibit compensation based on the principal balance of the loan; (b) offer loans other than fixed-term, fixed-rate, fully amortizing mortgage loans originated for a single mortgage lender with substantially equal monthly mortgage payments and without a prepayment penalty; (c) handle borrower or other third-party funds in connection with the origination of mortgage loans. (6) Unless otherwise indicated, a qualified loan originator is subject to the requirements of a loan originator under this chapter. Editor's Note Prior Laws:1988 Act No. 544; 1993 Act No. 172, SECTION 1; 1998 Act No. 336, SECTION 5; 2005 Act No. 7, SECTION 1. 2010 Act No. 287, SECTION 3, provides as follows: "Any provision of this act deemed by HUD to conflict with its interpretation of the SAFE Act, provided for in Section 1508 of Title V of The Housing and Economic Recovery Act of 2008, Public Law 110-289, must be interpreted, applied, or amended in such a way so as to comply with HUD's interpretation of the SAFE Act. If any provision of this act cannot be interpreted, applied, or amended in such a way so as to comply with the SAFE Act, that provision must be severed from the act and shall not affect the remainder of the act's compliance with the SAFE Act. The regulating authority shall adopt emergency regulations or take other actions necessary to ensure compliance with the SAFE Act and the regulating authority's continued jurisdiction over and supervision of the mortgage business in this State." Effect of Amendment The 2010 amendment added subsection (E) relating to the license requirement. 2017 Act No. 93, SECTION 11, amended (B)(1) and (C), removing the state criminal background check requirement, authorizing the Nationwide Mortgage Licensing System and Registry to retain fingerprints for certain purposes, and requiring at least three hours of prelicensing education on South Carolina laws and regulations.
S.C. Code Ann. § 40-6-70 — SC Code / Title 40 / Chapter 6 / Section 40-6-70
SECTION 40-6-70. Initiation of investigation of fitness.
Status: in_force

If the Director of the Department of Labor, Licensing and Regulation or the commission has reason to believe that an individual or firm has become unfit to engage in the conducting of auctions or has violated a provision of this chapter or a regulation promulgated under this chapter or if an individual files a written complaint with the commission or the director of the Department of Labor, Licensing and Regulation, charging an individual or firm with the violation of a provision of this chapter or a regulation promulgated under this chapter, the commission must approve the initiation of an investigation.