S.C. Code Ann. § 40-47-117 — SC Code / Title 40 / Chapter 47 / Article 1 / Section 40-47-117
SECTION 40-47-117. Formal complaint; service; answer; formal hearing by panel; filing of report with board; board action; notice.
Status: in_force

(A) A formal complaint must be issued by the Office of General Counsel after investigation upon a finding by one or more physicians designated by the board that probable cause exists to believe that professional misconduct may have been committed. Formal complaints must be captioned "In the Matter of (name of respondent)" and signed by an attorney assigned or designated by the Office of General Counsel. The department shall cause to be sent to the respondent or counsel, if any, by certified mail a formal complaint setting forth in summary fashion the alleged misconduct together with a notice requiring that the respondent file with the department an answer to the formal complaint and to serve a copy of the answer upon the attorney assigned or designated by the Office of General Counsel within thirty days after the notice and formal complaint are mailed. The notice mailed to the respondent must state that if the respondent fails to answer, judgment by default may be taken against the respondent. The answer must be signed by the respondent or counsel or by both and may be verified. If no answer has been filed by the respondent or counsel after thirty calendar days from the date of receipt by the respondent of the notice and formal complaint and no extension has been granted, the allegations of the formal complaint must be considered admitted, and the board may proceed and render a default judgment against the respondent. (B)(1) After the respondent's answer has been filed, or the time within which the respondent was required to file the answer has expired, a formal hearing into the matter must be held by a panel of one lay member and not more than three physician members of the Medical Disciplinary Commission, none of which may reside or have a major part of their practice in the same county as the respondent. If the facts are not in dispute, the matter may be presented directly to the board for final decision without need for a panel hearing. The Office of General Counsel or its designee shall prepare and present the matter before the panel and board, as appropriate. Hearings must be held by the panel or board upon thirty days notice to the Office of General Counsel and the respondent or counsel. (2) If the panel finds that the charges in the formal complaint are not supported by the evidence or do not merit taking disciplinary action, the panel shall make a certified report of the proceedings before it, including its findings of fact and conclusions of law, and shall file the report with the department. (3) If the panel finds and determines that the respondent is guilty of misconduct, the panel shall submit a certified report of its proceedings, including its recommendation as to findings of fact, conclusions of law, and mitigating and aggravating circumstances for consideration by the board and shall file this report with the department together with a transcript of the testimony taken and the exhibits put into evidence before the panel. The panel may not recommend to the board whether a sanction should or should not be imposed. (4) A copy of the panel's report must be served upon the Office of General Counsel and the respondent or counsel. (5) In the event of a tie vote by the panel, the matter must be presented to the board for final decision upon separate reports submitted by each side of the tie vote. (C) When the panel has filed its report, the department shall notify the respondent or counsel, if any, of the time and place at which the board will consider the report for the purpose of determining its action on the report, the notice must be given not less than thirty days before the meeting. The respondent and the Office of General Counsel have the right to appear before the board and to submit briefs and be heard in oral argument in opposition to or in support of the recommendations of the panel. (D) Upon consideration of the panel's report and of the showing made to the board, the board may: (1) refer the matter back to a panel for hearing; (2) order a further hearing before the board; or (3) proceed upon the certified report of the prior proceedings before the panel. (E) Upon its final review, the board either may dismiss the complaint or find that the respondent is guilty of misconduct. If the formal complaint is dismissed, the department shall notify the respondent or counsel, if any, and the Office of General Counsel. (F) If the board determines that the respondent is guilty of misconduct meriting sanction, the board shall issue a final order, including its findings of fact, conclusions of law, and decision of sanction, and shall file the report with the department, which promptly shall serve the respondent or counsel, if any, and the Office of General Counsel with a copy of the board's final order. (G) Service of notices conclusively must be presumed thirty days after mailing by first class or certified mail to the respondent to the last address provided to the board by the respondent. (H) When provision is made for the service of any notice, order, report, or other paper or copy of these upon any person in connection with any proceeding, service may be made upon counsel of record for the person, either personally or by first class or certified mail. (I) Service of notice upon a respondent who cannot be found at the last known address provided by the respondent may be made by leaving with the director, or his designee, a copy of the notice and any accompanying documents along with proof of attempted service at the last known address. The board may set aside and reopen a proceeding upon satisfactory showing by the respondent of good cause as to why the respondent did not receive service of the notice.
S.C. Code Ann. § 40-2-530 — SC Code / Title 40 / Chapter 2 / Article 3 / Section 40-2-530
SECTION 40-2-530. Exemptions.
Status: in_force

Nothing contained in this article: (1) applies to a certified public accountant or public accountant who holds a license to practice issued under the law of South Carolina and no provision of this article applies to a partnership of certified public accountants or public accountants which holds a permit to practice issued under South Carolina authority; (2) applies to a person, firm, or professional association which plainly indicates on all signs, cards, letterheads, advertisements, and directories used to disclose his or its practice or business that he or it does not hold a license to practice under this article; (3) prohibits a person from serving as an employee of a person, partnership, or professional association if the employee does not engage in the practice defined in Section 40-2-510 on his own account; (4) prohibits a person, partnership, or professional association from offering to prepare or from preparing a tax return with respect to taxes imposed by a governmental authority, whether federal, state, or local, and this article does not prevent a person from advising clients in connection with tax matters; (5) prohibits a person, partnership, or professional association holding a license or permit issued by another state, territory, or the District of Columbia, which authorizes the person, partnership, or professional association to engage in the other jurisdiction in the type of practice described in Section 40-2-510, from temporarily practicing in this State as an incident to his or its regular practice outside of this State if the temporary practice is conducted in conformity with the rules of ethical conduct promulgated by the board; (6) applies to the affixing of the signature or name of an officer, employee, partner, or principal of an organization to a statement or report in reference to the financial affairs of the organization with wording designating the position, title, or office which he holds in the organization, and the provisions of this article do not apply to an act of a public official or public employee in the performance of his duties; (7) applies to the offering or rendering of data processing services by mechanical or electronic means or to the offering or rendering of services in connection with the operation, sale, lease, rental, or installation of mechanical or electronic bookkeeping or data processing equipment or to the sale, lease, rental, or installation of this equipment. Effect of Amendment 2022 Act No. 174, SECTION 1, reenacted the section with no apparent change.
S.C. Code Ann. § 40-67-190 — SC Code / Title 40 / Chapter 67 / Article 1 / Section 40-67-190
SECTION 40-67-190. Privileged communications.
Status: in_force

Communications made in connection with an investigation or hearing relevant to a complaint against a licensee are privileged as provided for in Section 40-1-190.
S.C. Code Ann. § 40-39-10 — SC Code / Title 40 / Chapter 39 / Section 40-39-10
SECTION 40-39-10. Definitions.
Status: in_force

The following definitions apply for purposes of this chapter: (1) "Person" means an individual, partnership, corporation, joint venture, trust, association, or any other legal entity however organized. (2) "Pawnbroker" means any person engaged in the business of lending money on the security of pledged goods, or engaged in the business of purchasing tangible personal property on condition that it may be redeemed or repurchased by the seller for a fixed price within a fixed period of time. (3) "Pledged goods" means tangible personal property other than vehicles as defined in Section 56-3-20(1) required to be registered and licensed pursuant to Title 56, choses in action, title, securities, or printed evidences of indebtedness, which property is deposited with or otherwise actually delivered into the possession of a pawnbroker in the course of his business in connection with a pawn transaction. (4) "Pawnshop" means the location at which or premises in which a pawnbroker regularly conducts business. (5) "Month" means that period of time from one date in a calendar month to the corresponding date in the following calendar month, but if there is no corresponding date, then the last day of the following month, and when computations are made for a fraction of a month, a day is one-thirtieth of a month. (6) "Administrator" means the administrator of the Department of Consumer Affairs. (7) "Pawn transaction" means the pledging with a pawnbroker under this chapter of a single item of goods or tangible personal property as security for a loan of money. Items that are usually sold as a set are considered a single item and must be included in the same transaction, and a pledged item together with items that are accessories to the pledged item are considered a single item and must be included in the same transaction. A separate pawn transaction retains its separate character when it is renewed, unless the parties agree otherwise. Editor's Note Prior Laws:1900 (23) 427; Civ. C. '02 SECTION 1749; Civ. C. '12 SECTION 2625; Civ. C. '22 SECTION 3946; 1932 Code SECTION 7130; 1942 Code SECTION 7130; 1952 Code SECTION 56-1151; 1962 Code SECTION 56-1151. Effect of Amendment 2016 Act No. 262, SECTION 4, in (3), inserted reference to vehicles as defined in Section 56-3-20(1).
S.C. Code Ann. § 40-51-270 — SC Code / Title 40 / Chapter 51 / Section 40-51-270
SECTION 40-51-270. Board member not to serve as officer in state podiatry association.
Status: in_force

No member of the board may serve as an officer in any state podiatry association during his tenure on the board.
S.C. Code Ann. § 40-22-225 — SC Code / Title 40 / Chapter 22 / Section 40-22-225
SECTION 40-22-225. Eligibility requirements for license as surveyor.
Status: in_force

(A) A person having the necessary qualifications prescribed in this chapter to entitle him for a license is eligible for licensure. (B) To be eligible for certification as a surveyor-in-training, an applicant must be of good character and reputation and be able to communicate effectively in the English language. When the evidence presented in the application does not appear to the board conclusive nor warranting the issuing of a certificate of registration, the applicant may be required to present further evidence for the consideration of the board. The applicant also must meet the requirements of the other pertinent sections of this chapter. The minimum evidence satisfactory to the board that an applicant is qualified for certification as a surveyor-in-training is graduation from a school or college of four or more years with a board-approved degree or an ABET commission accredited curriculum in a related field, including not less than twelve semester hours or the equivalent in quarter hours of discipline-specific courses satisfactory to the board in each of the disciplines described in Section 40-22-20(26) for which the applicant is requesting licensure and has passed the NCEES Fundamentals of Surveying examination as prescribed by the board. (C) To be eligible for licensure and registration as a professional surveyor TIER A, an applicant must be of good character and reputation and be able to communicate effectively in the English language. When the evidence presented in the application does not appear to the board conclusive or does not warrant the issuing of a certificate of registration, the applicant may be required to present further evidence for the consideration of the board. The applicant also must meet the requirements of the other pertinent sections of this chapter. The minimum evidence satisfactory to the board that an applicant is qualified for licensure as a TIER A Professional Surveyor is graduation from a school or college of four or more years with a board-approved degree, an ABET commission accredited curriculum in a related field, including completed discipline-specific courses of not less than twelve semester hours or the equivalent in quarter hours satisfactory to the board in each of the disciplines described in Section 40-22-20(26) for which the applicant is requesting licensure, a specific record of four or more years of progressive practical experience of a character satisfactory to the board and performed under a practicing registered professional surveyor, and passing the NCEES Fundamentals of Surveying examination and the Principles and Practice of Surveying examination in the discipline for which the applicant is requesting licensure. (D) To be eligible for licensure and registration as a professional land surveyor TIER B, an applicant must be of good character and reputation and be able to communicate effectively in the English language. The minimum evidence satisfactory to the board that an applicant is qualified for licensure as a TIER B Professional Land Surveyor is graduation from a school or college of four or more years with a board-approved degree, including in the curriculum not less than fifteen semester hours or the equivalent in quarter hours of surveying, mapping, hydraulics, and hydrology courses satisfactory to the board, or a bachelor of engineering technology degree in an ABET commission accredited curriculum of surveying or engineering technology, including in the curriculum not less than twelve semester hours or the equivalent in quarter hours of surveying, mapping, hydraulics, and hydrology courses satisfactory to the board, a specific record of four or more years of progressive practical experience of a character satisfactory to the board and performed under a practicing registered surveyor, and passing the NCEES Surveyor-in-Training Fundamentals of Surveying examination and the NCEES Principles and Practice of Surveying examination. (E) An applicant shall take state-specific examinations the board considers necessary to establish that the applicant's qualifications satisfy the requirements of this chapter and regulations promulgated pursuant to this chapter. Editor's Note Prior Laws: 1991 Act No. 99, SECTION 1; 1976 Code SECTIONS 40-22-220, 40-22-230, 40-22-240, 40-22-250. Effect of Amendment 2016 Act No. 259, SECTION 10, in (B) through (D), substituted "communicate effectively" for "effectively communicate", and amended the examination requirements; in (B) and (C), deleted "or a substantially equivalent program", following "related field,", and substituted "40-22-20(26)" for "40-22-20(24)"; in (B) deleted the requirement for a specific record of one or more years of progressive practical experience; in (D), deleted former (2), relating to persons registered as both Professional Land Surveyor and Professional Surveyor; and added (E), relating to state-specific examinations.
S.C. Code Ann. § 40-82-100 — SC Code / Title 40 / Chapter 82 / Section 40-82-100
SECTION 40-82-100. Cease and desist orders; petitioning for equitable relief.
Status: in_force

In addition to other remedies provided for in this chapter or Chapter 1, the board 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.
S.C. Code Ann. § 40-7-400 — SC Code / Title 40 / Chapter 7 / Section 40-7-400
SECTION 40-7-400. 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. § 40-13-140 — SC Code / Title 40 / Chapter 13 / Section 40-13-140
SECTION 40-13-140. Denial of license based on prior criminal record.
Status: in_force

A license may be denied based on a person's prior criminal record only as provided for in Section 40-1-140.
S.C. Code Ann. § 40-81-50 — SC Code / Title 40 / Chapter 81 / Section 40-81-50
SECTION 40-81-50. Creation of the Commission; appointment; compensation.
Status: in_force

(A) There is created the State Athletic Commission consisting of nine members appointed by the Governor with the advice and consent of the Senate to regulate boxing, kickboxing, wrestling, mixed martial arts, and other combative sports in this State. One member must be appointed from each congressional district of the State and two from the State at large. One of the at-large appointments must be a physician licensed and in good standing in the State. The terms of the members are for four years and until their successors are appointed and qualified. Vacancies must be filled by the Governor for the remainder of an unexpired term. The commissioners of the State Athletic Commission may not have any financial interest, direct or indirect, in the promotion, management, or result of any boxing, kickboxing, mixed martial arts, or wrestling event or exhibition. (B) Commission members must be compensated for their services at the usual rate for mileage, subsistence, and per diem as provided by law for members of state boards, committees, and commissions and may be reimbursed for actual and necessary expenses incurred in connection with and as a result of their work as members of the commission. Compensation and reimbursements paid to commission members under this subsection must be paid as an expense of the commission in the administration of this chapter and must be paid from the fees received by the commission pursuant to the provisions of this chapter or in a manner prescribed by the department. Editor's Note 2012 Act No. 279, SECTION 33, provides as follows: "Due to the congressional redistricting, any person elected or appointed to serve, or serving, as a member of any board, commission, or committee to represent a congressional district, whose residency is transferred to another district by a change in the composition of the district, may serve, or continue to serve, the term of office for which he was elected or appointed; however, the appointing or electing authority shall appoint or elect an additional member on that board, commission, or committee from the district which loses a resident member as a result of the transfer to serve until the term of the transferred member expires. When a vacancy occurs in the district to which a member has been transferred, the vacancy must not be filled until the full term of the transferred member expires. Further, the inability to hold an election or to make an appointment due to judicial review of the congressional districts does not constitute a vacancy." Effect of Amendment The 2012 amendment in subsection (A), substituted "nine" for "eight", and made other nonsubstantive changes.
S.C. Code Ann. § 40-75-5 — SC Code / Title 40 / Chapter 75 / Article 1 / Section 40-75-5
SECTION 40-75-5. Application of Title 40, Chapter 1, Article 1.
Status: in_force

Unless otherwise provided for in this chapter, Article 1, Chapter 1, Title 40 applies to licensed professional counselors, marriage and family therapists, addiction counselors, and psycho-educational specialists regulated by the Department of Labor, Licensing and Regulation. If there is a conflict between this chapter and Article 1, Chapter 1, Title 40, the provisions of this chapter control. Effect of Amendment 2018 Act No. 249, SECTION 2, in the first sentence, inserted "addiction counselors," following "marriage and family therapists," and made nonsubstantive changes.
S.C. Code Ann. § 40-19-140 — SC Code / Title 40 / Chapter 19 / Section 40-19-140
SECTION 40-19-140. Denial of license based on prior criminal record.
Status: in_force

A license may be denied based on a person's prior criminal record only as provided for in Section 40-1-140.
S.C. Code Ann. § 40-11-262 — SC Code / Title 40 / Chapter 11 / Article 1 / Section 40-11-262
SECTION 40-11-262. Surety bonds in lieu of providing financial statements.
Status: in_force

(A) In lieu of providing a financial statement showing a minimum net worth or working capital for a license group as required by Section 40-11-260, an applicant may provide a surety bond from a surety authorized to transact surety business in this State in the same amount as the net worth for the applicant's license group with his initial or renewal application. (B) The surety bond provided in subsection (A) must: (1) be continuous in form and must be maintained in effect for as long as the applicant maintains the license issued by the department or until the applicant submits a financial statement showing that he meets the net worth requirements for his license group as provided in Section 40-11-260; (2) list the State of South Carolina as obligee for the bond; (3) be for the benefit of any person who is damaged by an act or omission of the applicant constituting a breach of construction contract or a contract for the furnishing of labor, materials, or professional services for construction undertaken by the applicant, or by any unlawful act or omission of the applicant in performing construction; and (4) be in addition to, and not in lieu of, any other surety bond required of the applicant by law or regulation, or by any party to a contract with the applicant. (C) The surety bond provided in subsection (A) only may be canceled by notification to the board by the surety and the applicant thirty days prior to cancellation. When the surety bond is canceled, the licensee shall provide proof of net worth or working capital for his license group as required by Section 40-11-260 within ten days of cancellation or his license is suspended until written proof of net worth or working capital is provided. (D) Claims may be filed against the bond on a form approved by the board in accordance with procedures established by the board in regulation. (E) The board, upon a finding of a violation by a licensee or that an applicant is unable to meet the financial responsibility guidelines, may further require the licensee to increase the amount of a surety bond or other approved security. An increase must be proportioned to the seriousness of the offense, the repeated nature of the licensee's violations, or related to the financial condition of an applicant. The board, after one year, may reduce an increased surety bond or other approved security when satisfied that violations have been cured by appropriate corrective action and that the licensee is otherwise in good standing. Effect of Amendment 2023 Act No. 69, SECTION 10, in (A), inserted "or working capital" following "minimum net worth" and substituted "in the same amount as the net worth" for "in an amount of two times the required net worth"; in (C), in the second sentence, inserted "or working capital" in two places; and added (E).
S.C. Code Ann. § 40-43-260 — SC Code / Title 40 / Chapter 43 / Section 40-43-260
SECTION 40-43-260. Information to be provided to patients; patient counseling.
Status: in_force

(A) A pharmacist who dispenses a self-administered hormonal contraceptive or administers an injectable hormonal contraceptive pursuant to this chapter shall: (1) obtain a completed self-screening risk assessment questionnaire that has been approved by the department, in collaboration with the Board of Pharmacy and the Board of Medical Examiners, from the patient before dispensing the self-administered hormonal contraceptive or administering the injectable hormonal contraceptive. If the results of the assessment indicate that it is unsafe to dispense a self-administered hormonal contraceptive or administer an injectable hormonal contraceptive to a patient, then the pharmacist may not dispense a self-administered hormonal contraceptive or administer an injectable hormonal contraceptive to the patient, shall refer the patient to a practitioner, and may not continue to dispense a self-administered hormonal contraceptive or administer an injectable hormonal contraceptive to the patient for more than twenty-four months after the date of the initial prescription without evidence that the patient has consulted with a practitioner during the preceding twenty-four months; and (2) provide the patient with written information regarding: (a) the importance of seeing the patient's practitioner annually to obtain recommended tests and screening; (b) the effectiveness and availability of long-acting reversible contraceptives as an alternative to self-administered hormonal contraceptives or injectable hormonal contraceptives; (c) a copy of the record of the encounter with the patient that includes the patient's completed assessment questionnaire pursuant to item (1); (d) a description of the contraceptive dispensed or administered, or the basis for not dispensing or administering a contraceptive; (e) the South Carolina Medicaid program and how to apply for Medicaid benefits; and (f) the effectiveness of abstinence in preventing pregnancy and contracting a sexually transmitted infection or disease. The materials shall include the following: Abstinence is the choice not to have sex. This method is one hundred percent effective in preventing pregnancy and infection as long as all sexual contact is avoided, including vaginal, oral, and anal sex. (B) If a pharmacist dispenses a self-administered hormonal contraceptive or administers an injectable hormonal contraceptive to a patient, then the pharmacist shall, at a minimum, provide patient counseling to the patient regarding: (1) the appropriate administration and storage of a self-administered hormonal contraceptive, if appropriate; (2) any potential side effects and risks of a self-administered hormonal contraceptive or injectable hormonal contraceptive; (3) the need for backup contraception; (4) when to seek emergency medical attention; and (5) the risk of contracting a sexually transmitted infection or disease, along with ways to reduce the risk of contraction. Editor's Note 2022 Act No. 210, SECTIONS 1, 4, and 6, provide as follows: "SECTION 1. This act shall be referred to as the 'Pharmacy Access Act'." "SECTION 4. The Board of Medical Examiners and the Board of Pharmacy must issue a written joint protocol pursuant to Section 40-43-240 not later than six months after the passage of this act." "SECTION 6. Except as otherwise specifically provided, this act takes effect upon the issuance of a written joint protocol pursuant to SECTION 4 of this act." The written joint protocol was issued on November 16, 2022.
S.C. Code Ann. § 40-56-180 — SC Code / Title 40 / Chapter 56 / Section 40-56-180
SECTION 40-56-180. Payment of 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 Chapter 1.
S.C. Code Ann. § 40-45-610 — SC Code / Title 40 / Chapter 45 / Article 3 / Section 40-45-610
SECTION 40-45-610. Date of implementation of the interstate commission for physical therapy practice and associated rules, withdrawal, and amendment.
Status: in_force

(A) The compact shall come into 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, must 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 must be 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 shall have 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 shall not take effect until six months after enactment of the repealing statute. (2) Withdrawal shall not affect the continuing requirement of the withdrawing state's physical therapy 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 physical therapy 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 may become effective and binding upon any member state until it is enacted into the laws of all member states.
S.C. Code Ann. § 40-3-180 — SC Code / Title 40 / Chapter 3 / Section 40-3-180
SECTION 40-3-180. Collection of 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. § 40-47-960 — SC Code / Title 40 / Chapter 47 / Article 7 / Section 40-47-960
SECTION 40-47-960. Scope of practice guidelines; signature and filing requirements; contents.
Status: in_force

(A) A PA practicing at all sites shall practice pursuant to written scope of practice guidelines signed by all supervisory physicians and the PA. Copies of the guidelines must be on file at all practice sites. The guidelines shall include at a minimum the: (1) name, license number, and practice addresses of all supervising physicians; (2) name and practice address of the PA; (3) date the guidelines were developed and dates they were reviewed and amended; (4) medical conditions for which therapies may be initiated, continued, or modified; (5) treatments that may be initiated, continued, or modified; (6) drug therapy, if any, that may be prescribed with drug-specific classifications; and (7) situations that require direct evaluation by or immediate referral to the physician, including Schedule II controlled substance prescription authorization as provided for in Section 40-47-965. (B) In a hospital practice setting, a list of alternate supervising physicians may be submitted to the board without the signatures of the alternate supervising physicians. Effect of Amendment The 2013 amendment, in subsection (7), added the text at the end relating to Schedule II controlled substance prescriptions. 2019 Act No. 32, SECTION 2, inserted the (A) identifier; in (A), in the first sentence, substituted "PA" for "physician assistant" in two places, and in (2), substituted "PA" for "physician assistant"; and added (B).
S.C. Code Ann. § 40-30-290 — SC Code / Title 40 / Chapter 30 / Section 40-30-290
SECTION 40-30-290. Costs and fines.
Status: in_force

(A) All costs and fines imposed under Section 40-30-250 or Section 40-30-160 are due and payable as required by the board. Failure to pay costs and fines may result in action pursuant to Section 40-1-180. (B) A licensee found to be in violation of this chapter or the regulations promulgated under this chapter may be required to pay costs associated with the investigation of its case, pursuant to Section 40-1-170. Code Commissioner's Note At the direction of the Code Commissioner, references in this section to the offices of the former State Budget and Control Board, Office of the Governor, or other agencies, were changed to reflect the transfer of them to the Department of Administration or other entities, pursuant to the directive of the South Carolina Restructuring Act, 2014 Act No. 121, SECTION 5(D)(1), effective July 1, 2015. Effect of Amendment 2022 Act No. 151, SECTION 2, rewrote the section.
S.C. Code Ann. § 40-55-160 — SC Code / Title 40 / Chapter 55 / Article 1 / Section 40-55-160
SECTION 40-55-160. Disciplinary action by board; appeal.
Status: in_force

If the board shall be satisfied that the psychologist is guilty of any offense charged in the formal accusation provided for in this chapter, it shall thereupon revoke or suspend his license, reprimand, or otherwise take any other reasonable action short of revocation or suspension, such as requiring the licensee to undertake additional professional training subject to the direction and supervision of the board. The board may also impose such restraint upon the licensee as circumstances warrant until the licensee demonstrates to the board adequate professional competence. In all cases where disciplinary action is taken by the board, written notice of such action shall then be mailed by the secretary of the board to the accused at his last known address as provided to the board. Any decision by the board to revoke, suspend, or otherwise restrict the license shall be by majority vote and shall be subject to review by an administrative law judge as provided under Article 5 of Chapter 23 of Title 1 upon petition filed by the licensee with an administrative law judge thereof served upon the secretary of the board within thirty days from the date of delivery of the board's decision to the licensee. Such review shall be limited to the record established by the board's hearing.
S.C. Code Ann. § 40-77-250 — SC Code / Title 40 / Chapter 77 / Section 40-77-250
SECTION 40-77-250. Reexamination; continuing education authorized for license renewal.
Status: in_force

(A) A candidate failing an examination may apply for reexamination at the next examination date and must be reexamined upon payment of the appropriate fee. (B) The board may require continuing education as a condition of license renewal.
S.C. Code Ann. § 40-56-160 — SC Code / Title 40 / Chapter 56 / Section 40-56-160
SECTION 40-56-160. Review of board decision.
Status: in_force

A person aggrieved by a final action of the board may seek review of the decision pursuant to Chapter 1.
S.C. Code Ann. § 40-15-135 — SC Code / Title 40 / Chapter 15 / Article 1 / Section 40-15-135
SECTION 40-15-135. Certain dental services to be performed only by licensed dentist.
Status: in_force

(A) Only a dentist licensed pursuant to this chapter may control the use of dental equipment or material while the equipment or material is being used to provide dental services in a dental office, whether those services are provided by a dentist, a dental hygienist, a dental assistant, or a dental auxiliary. (B) No person other than a dentist, licensed pursuant to this chapter may exercise control over: (1) the selection of a course of treatment of a patient, the procedures or materials to be used as part of the course of treatment, or the manner in which the course of treatment is carried out by the licensee; (2) the patient records of a dentist. However, if the dentist is employed by a corporation or another dentist, the corporation or employing dentist is responsible for keeping the records for a period of five years and the practicing dentist shall have access to those records; (3) nothing in this section precludes an insurer or health maintenance organization from requiring pre-certification or authorization in regard to reimbursement for courses of treatment performed. (C) A lease agreement, rental agreement, or other arrangement for the provision of dental equipment or dental materials in a dental office entered into by a licensed dentist with a person who is not a licensed dentist shall contain a provision whereby the dentist expressly maintains complete care, custody, and control of the equipment or material. (D) This section does not, in any manner, affect the operation of an accredited teaching institution, a nonprofit dental clinic operated solely for the benefit of poor and indigent persons, or a state or federal operating clinic.
S.C. Code Ann. § 40-65-5 — SC Code / Title 40 / Chapter 65 / Section 40-65-5
SECTION 40-65-5. Application of other provisions to this chapter.
Status: in_force

Unless otherwise provided for in this chapter, Article 1, Chapter 1, Title 40 applies to professional soil classifiers regulated pursuant to this chapter.
S.C. Code Ann. § 40-81-310 — SC Code / Title 40 / Chapter 81 / Section 40-81-310
SECTION 40-81-310. Manager licenses.
Status: in_force

In order to be licensed as a manager, an applicant shall submit a completed application with payment of the prescribed fee.
S.C. Code Ann. § 40-47-745 — SC Code / Title 40 / Chapter 47 / Article 6 / Section 40-47-745
SECTION 40-47-745. Unauthorized practice; penalty; cease and desist orders and injunctions; privileged communications.
Status: in_force

(A) It is unlawful for a person not licensed under this article to hold himself out as an acupuncturist, auricular therapist, or auricular detoxification specialist. The titles "Licensed Acupuncturist" (L.Ac.) and "Acupuncturist" may only be used by a person licensed to practice acupuncture pursuant to this article. Further, a person licensed to practice auricular therapy or auricular detoxification may not practice acupuncture or hold himself out as an acupuncturist. The title "Auricular Detoxification Specialist" (ADS) may only be used by a person licensed to practice auricular detoxification therapy pursuant to this article. Possession of a license as an auricular therapist or an auricular detoxification specialist does not, by itself, entitle a person to identify himself or herself as an acupuncturist. A person who holds himself out as an acupuncturist, auricular therapist, or auricular detoxification specialist without being licensed pursuant to this article, during a period of suspension, or after his or her license has been revoked by the board is guilty of a misdemeanor and, upon conviction, must be fined not more than three hundred dollars or imprisoned not more than ninety days, or both. (B) For the purpose of any investigation or proceeding under this article, the board or a person designated by the board may administer oaths and affirmations, subpoena witnesses, take testimony, and require the production for any documents or records which the board considers relevant to the inquiry. (C) If the board has sufficient evidence that a person is violating a provision of this article, the board, in addition to all other remedies, may order the person to immediately cease and desist from this conduct. The board may apply to an administrative law judge as provided under Article 5, Chapter 23 of Title 1 for an injunction restraining the person from this conduct. An administrative law judge may issue a temporary injunction ex parte and upon notice and full hearing may issue any other order in the matter it considers proper. No bond may be required of the board by an administrative law judge as a condition to the issuance of an injunction or order contemplated by the provisions of this section. (D) Each communication, whether oral or written, made by or on behalf of a person or firm to the board or a person designated by the board to investigate or otherwise hear matters relating to the revocation, suspension, or other restriction on a license or other discipline of a license holder, whether by way of complaint or testimony, is privileged and exempt from disclosure for any reason except to the extent disclosed in proceedings before the board. No action or proceeding, civil or criminal, may lie against the person or firm for the communication except upon other proof that the communication was made with malice. (E) No provision of this article may be construed as prohibiting the respondent or his legal counsel from exercising the respondent's constitutional right of due process under the law or prohibiting the respondent from normal access to the charges and evidence filed against him as part of due process under the law.
S.C. Code Ann. § 40-22-170 — SC Code / Title 40 / Chapter 22 / Section 40-22-170
SECTION 40-22-170. 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. § 40-30-150 — SC Code / Title 40 / Chapter 30 / Section 40-30-150
SECTION 40-30-150. Inspection of massage therapy and sole practitioner establishments.
Status: in_force

(A) The department may periodically inspect massage therapy establishments and sole practitioner establishments during business hours, without prior notice. The department shall document inspections on a form approved by the board. (B) Such inspections may include, but are not limited to, confirmation that a site is being utilized for massage therapy in accordance with its license and a determination as to whether the establishment is in compliance with this chapter and other applicable laws and regulations. (C) Failure to cooperate with departmental inspections may lead to disciplinary action, cease and desist orders, or temporary suspension pursuant to this chapter and the Administrative Procedures Act. Editor's Note Prior Laws: Former SECTION 40-30-150 was titled License from another state, and had the following history: 1996 Act No. 387, SECTION 1.
S.C. Code Ann. § 40-5-210 — SC Code / Title 40 / Chapter 5 / Article 3 / Section 40-5-210
SECTION 40-5-210. State Board of Law Examiners.
Status: in_force

There is hereby created a State Board of Law Examiners. The Board of Law Examiners shall be appointed by the Supreme Court and shall have such duties as the court shall prescribe. The number of members of the board and the terms of the members shall be set by the Supreme Court. To be eligible for appointment to the board, a person must be actively engaged in the practice of law in South Carolina and must have been an active member of the South Carolina Bar for at least seven years. Members shall be eligible for reappointment. Should a vacancy occur, the court shall fill the vacancy for the unexpired term. At least one member from each congressional district must be appointed by the Supreme Court.
S.C. Code Ann. § 40-60-490 — SC Code / Title 40 / Chapter 60 / Article 3 / Section 40-60-490
SECTION 40-60-490. Board authorized to issue restraining orders.
Status: in_force

The board may issue restraining orders and cease and desist orders pursuant to Section 40-1-100. Editor's Note 2017 Act No. 32, SECTION 5, provides as follows: "SECTION 5. This act takes effect upon approval by the Governor. In the event that a registration process is unavailable upon the effective date of this act, an appraisal management company already conducting business in this State may continue to conduct business until one hundred twenty days after a registration process becomes available."
S.C. Code Ann. § 40-60-340 — SC Code / Title 40 / Chapter 60 / Article 3 / Section 40-60-340
SECTION 40-60-340. Exclusions from registration requirements.
Status: in_force

The following are excluded from the registration requirements of an appraisal management company: (1) a person or entity that exclusively employs appraisers on an employer and employee basis for the performance of appraisals; (2) a department or unit within a financial institution subject to direct regulation by an agency of the United States Government or an agency of this State and that receives a request for the performance of an appraisal from one employee of the financial institution, and another employee of the same financial institution assigns the request for the appraisal to an appraiser that is a certified or licensed appraiser. However, an appraisal management company that is a subsidiary owned or controlled by a financial institution may not be considered a department or unit within a financial institution to which the provisions of this chapter do not apply; (3) a person that enters into an agreement, whether written or otherwise, with an appraiser for the performance of an appraisal, and upon the completion of the appraisal, the report of the appraiser performing the appraisal is signed by both the appraiser who completed the appraisal and the appraiser who requested the completion of the appraisal. However, an appraisal management company may not avoid the requirements of this chapter by requiring an employee of the appraisal management company who is an appraiser to sign an appraisal that is completed by an appraiser who is part of the appraisal panel of the appraisal management company; (4) an appraisal management company that maintains an appraiser panel that consists of: (a) fifteen or fewer certified or licensed appraisers who are independent contractors in this State, or (b) a total of twenty-four or fewer certified or licensed appraisers who are independent contractors in two or more states; and (5) a federally regulated appraisal management company that is owned and controlled by an insured depository institution as defined in 12 U.S.C. Section 1813 and regulated by the Office of the Comptroller of the Currency, the Board of Governors of the Federal Reserve System, or the Federal Deposit Insurance Corporation, except that each appraisal management company exempt from registration pursuant to this subsection shall comply with the requirements of Section 40-60-360(C). Editor's Note 2017 Act No. 32, SECTION 5, provides as follows: "SECTION 5. This act takes effect upon approval by the Governor. In the event that a registration process is unavailable upon the effective date of this act, an appraisal management company already conducting business in this State may continue to conduct business until one hundred twenty days after a registration process becomes available." Effect of Amendment 2024 Act No. 196, SECTION 18, rewrote (5).
S.C. Code Ann. § 40-82-70 — SC Code / Title 40 / Chapter 82 / Section 40-82-70
SECTION 40-82-70. Board powers and duties.
Status: in_force

(A) The board shall: (1) ensure that the laws of this State governing liquefied petroleum gas are executed faithfully; (2) institute proceedings for violations of laws relevant to liquefied petroleum gas; (3) promulgate and enforce regulations setting forth minimum general standards covering the design, construction, location, installation, and operation of equipment for storing, handling, transporting by tank truck or tank trailer, and utilizing liquefied petroleum gases and specifying the odorization and degree of odorization of these gases. The regulations must be reasonably necessary for the protection of the health, welfare, and safety of the public and persons using these materials and must be in substantial conformity with the generally accepted standards of safety concerning liquid petroleum gas. The regulations must contain standards not less than those published by the National Fire Protection Association Pamphlet No. 54, National Fire Protection Association Pamphlet No. 58, with the exception of Section 4-2.2.1, 1992 Edition, and National Fire Protection Association Pamphlet No. 59 1992 Edition. The regulations must be adjusted to reflect revisions by the National Fire Protection Association. (B) In addition to the powers and duties provided in this chapter, the board has those powers and duties set forth in Section 40-1-70.
S.C. Code Ann. § 40-38-280 — SC Code / Title 40 / Chapter 38 / Section 40-38-280
SECTION 40-38-280. Ophthalmic dispensing of services and appliances; prescription required; exceptions.
Status: in_force

The services and appliances related to ophthalmic dispensing must be dispensed, furnished, or supplied to the intended wearer or user only upon prescription issued by a physician or an optometrist; however, duplications, replacements, reproductions, or repetitions may be provided without prescription and are deemed to be ophthalmic dispensing, as if performed on the basis of a written prescription. Oral prescriptions are permitted if the optician maintains a written record. Contact lenses may be dispensed only in accordance with Section 40-38-270.
S.C. Code Ann. § 40-56-50 — SC Code / Title 40 / Chapter 56 / Section 40-56-50
SECTION 40-56-50. Administrative support.
Status: in_force

The Department of Labor, Licensing and Regulation shall provide all administrative, fiscal, investigative, inspection, clerical, secretarial, and license renewal operations and activities of the board pursuant to Chapter 1.
S.C. Code Ann. § 40-49-230 — SC Code / Title 40 / Chapter 49 / Article 3 / Section 40-49-230
SECTION 40-49-230. Hearing as prerequisite to adoption of rules and regulations.
Status: in_force

Whenever the governing body of any such county shall determine that such rules and regulations are necessary in any area or section of the county or whenever the council, commission or other governing body of any municipality, incorporated community or water, sewer or public service district in the county shall determine that such rules or regulations are necessary in the territory comprised within its limits, it shall hold a public hearing, after notice thereof (describing the area or section) shall have been published in a newspaper of general circulation in the county at least once a week for three successive weeks, for the purpose of considering the necessity of such rules and regulations, the type, coverage and contents thereof and the exact extent of the area or section proposed to be covered thereby. At such hearing any and all interested parties shall be entitled to appear and be heard. After such hearing shall have been had, and not before, such governing body may provide and prescribe by resolution or ordinance the rules and regulations applicable to such area or section or to such municipality, incorporated community or water, sewer or public service district, as the case may be, as herein authorized.
S.C. Code Ann. § 40-5-380 — SC Code / Title 40 / Chapter 5 / Article 5 / Section 40-5-380
SECTION 40-5-380. Pro bono work by attorneys employed by the State.
Status: in_force

An attorney employed by any executive agency of the State may, with the permission of his agency head, represent without fees indigent clients referred by a pro bono program organized, sponsored, or endorsed by the South Carolina Bar. The pro bono service must be at no cost to the State, and may not conflict with the attorney's official duties or the interests of the State. The attorney shall use compensatory or annual leave for pro bono services performed during normal working hours. Practice by attorneys employed by the General Assembly or the Judicial Department shall be governed by such policies and rules as may be adopted by their respective employer.
S.C. Code Ann. § 40-85-80 — SC Code / Title 40 / Chapter 85 / Section 40-85-80
SECTION 40-85-80. Investigation of complaints and violations.
Status: in_force

The Department of Labor, Licensing and Regulation shall investigate complaints and violations of this chapter as provided in Chapter 1. The board may designate individuals to serve as advisors to provide professional expertise to inspectors or investigators.
S.C. Code Ann. § 40-20-50 — SC Code / Title 40 / Chapter 20 / Section 40-20-50
SECTION 40-20-50. Advice in development of regulations; conducting disciplinary hearings.
Status: in_force

(A) The duties of the panel are to advise the department in the development of regulations, statutory revisions, and such other matters as the department may request in regard to the administration of this chapter. (B) The panel shall also conduct hearings on alleged violations of this chapter and regulations promulgated under this chapter, mediate consumer complaints, where appropriate and possible, and discipline persons licensed under this chapter in any manner provided for in this chapter.
S.C. Code Ann. § 40-15-360 — SC Code / Title 40 / Chapter 15 / Article 1 / Section 40-15-360
SECTION 40-15-360. Pharmacists permitted to fill prescriptions of licensed dentists.
Status: in_force

Licensed pharmacists of this State may fill prescriptions of licensed dentists in this State for any drug to be used in dental practice.
S.C. Code Ann. § 40-11-370 — SC Code / Title 40 / Chapter 11 / Article 1 / Section 40-11-370
SECTION 40-11-370. License required to use term "licensed contractor"; engaging in construction under assumed name; enforcement of contract.
Status: in_force

(A) It is unlawful to use the term "licensed contractor" or to perform or offer to perform general or mechanical construction without first obtaining a license as required by this chapter. (B) It is unlawful to engage in construction under a name other than the exact name which appears on the license issued pursuant to this chapter. "Engaging in construction" includes marketing, advertising, using site signs, and submitting contracts. This requirement does not include advertising on vehicles, which may use an abbreviated version of the license name so long as the advertising is not misleading. (C) An entity which does not have a valid license as required by this chapter may not bring an action either at law or in equity to enforce the provisions of a contract. An entity that enters into a contract to engage in construction in a name other than the name that appears on its license may not bring an action either at law or in equity to enforce the provisions of the contract.
S.C. Code Ann. § 40-53-50 — SC Code / Title 40 / Chapter 53 / Section 40-53-50
SECTION 40-53-50. Division to issue regulations and prescribe forms; disposition of fees.
Status: in_force

(a) The Division shall issue regulations not inconsistent with the provisions of this chapter for the administration and enforcement of this chapter and shall prescribe forms which shall be issued in connection therewith. (b) All fees collected under the provisions of this chapter shall be paid to the Treasurer of the State of South Carolina.
S.C. Code Ann. § 40-63-300 — SC Code / Title 40 / Chapter 63 / Article 1 / Section 40-63-300
SECTION 40-63-300. Severability.
Status: in_force

If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this chapter is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this chapter, the General Assembly hereby declaring that it would have passed this chapter, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
S.C. Code Ann. § 40-57-510 — SC Code / Title 40 / Chapter 57 / Article 5 / Section 40-57-510
SECTION 40-57-510. Manager or property manager-in-charge license.
Status: in_force

(A) To be eligible for licensure as a property manager or property manager-in-charge, an applicant must: (1) attain the age of twenty-one if applying for a property manager-in-charge; (2) attain the age of eighteen if applying for a license as a property manager; (3) provide a physical address at which the licensee can be contacted in the course of an investigation. A licensee shall maintain on file with the commission his current contact information for his residential address, mailing address, email address, and telephone number. Failure to update this contact information within thirty days after a change may result in an administrative suspension of the property manager, associate, broker, or broker-in-charge pursuant to Section 40-57-710; (4) graduate from high school or hold a certificate of equivalency that is recognized by the South Carolina Department of Education; (5) submit proof of completion of education to the commission and, if applicable, experience requirements as specified in this chapter; (6) submit to criminal background check as provided in Section 40-57-115 for initial application; and (7) pass the applicable examination. (B) An application for examination or licensure must be made in writing on a form prescribed by the commission and must be accompanied by all applicable fees. (C) As a condition for and before applying to the commission for licensure, an applicant for a property manager or property manager-in-charge license shall provide proof to the commission of having met the following educational requirements, in addition to the other requirements of this chapter: (1) for a property manager license: (a) completion of thirty hours of classroom instruction in property management principles and practices; or (b) evidence of holding a juris doctor degree, a bachelor of law degree, a baccalaureate degree or a master's degree with a major in real estate or housing from an accredited college or university, or completion of another course of study approved by the commission; and (2) for a property manager-in-charge license: (a) an active property manager license; and (b) completion of seven hours of instruction in property management accounting and record-keeping approved by the commission. (D) The commission shall issue licenses in the classifications of property manager or property manager-in-charge to individuals who qualify under and comply with the requirements of this chapter. An individual may not be licensed in more than one classification at the same time. The license must be in the form and size as the commission prescribes and is not transferable. (E) An individual holding an active property manager license must be licensed under a property manager-in-charge or broker-in-charge who is licensed by the commission or must be designated as a property manager-in-charge. A property manager may not be licensed during the same period with more than one property manager-in-charge or broker-in-charge. When a licensee becomes disassociated with a broker-in-charge or property manager-in-charge, the licensee immediately shall notify the commission by completion of the proper form. The licensee must furnish a new business address to the commission, the authorization of the new broker-in-charge or new property manager-in-charge, and proof of notification to the former broker-in-charge or property manager-in-charge. (F) As a condition for and before applying to the commission for licensure renewal, a property manager or property manager-in-charge shall submit to a criminal background check upon every third renewal as required for initial applicants pursuant to Section 40-57-115. (G) A property manager or property manager-in-charge who fails to submit to criminal background check requirements of this section by the date of license renewal may renew by submitting applicable fees but immediately must be placed on inactive status. The license may be reactivated upon proof of submission to a criminal background check. (H) When a designated property manager-in-charge becomes disassociated with the office registered with the commission, the property manager-in-charge shall immediately notify the commission. The property manager-in-charge designation will be removed and the licensee's license will be inactivated. Editor's Note 2020 Act No. 127, SECTION 1, provides as follows: "SECTION 1. SECTION 5 of Act 60 of 2017 is amended to read: "This act takes effect on July 1, 2020, and with respect to license renewals is only applicable to renewals initially due after June 30, 2020." Effect of Amendment 2017 Act No. 60, SECTION 4, added (F) and (G), relating to the requirement of a criminal background check upon every third licensure renewal and consequences for failing to submit to the requirement. 2024 Act No. 204, SECTION 3, in (A)(3), in the third sentence, substituted "associate" for "salesperson"; added (H); and made a nonsubstantive change.
S.C. Code Ann. § 40-2-550 — SC Code / Title 40 / Chapter 2 / Article 3 / Section 40-2-550
SECTION 40-2-550. Applicant qualifications.
Status: in_force

In order to be eligible for licensing under this article as an accounting practitioner, an applicant may not hold another license granted under this chapter and must: (1) not have any history of dishonest or felonious acts; (2) be a resident of this State or have a place of business in this State, or as an employee, be regularly employed in this State; (3) be at least eighteen years of age; and (4) meet these requirements: (a) pass an examination approved by the board, which is designed to test the applicant's basic knowledge of the subjects described in Section 40-2-510(1) and which may consist of parts of the examination administered to certified public accountant applicants or another examination as the board may prescribe; and (b)(i) have a bachelor's degree with a major in accounting from a college or university holding an accreditation from an accreditation body approved by the United States Department of Education; or (ii) have transcripts or a degree determined by the board to be substantially equivalent to the foregoing standards. (5) surrenders, if licensed and holds a current annual permit to practice in this State as a certified public accountant or public accountant, his license and permit to practice as a certified public accountant or public accountant upon being licensed as an accounting practitioner. Effect of Amendment 2022 Act No. 174, SECTION 1, in (4), rewrote (b).
S.C. Code Ann. § 40-75-70 — SC Code / Title 40 / Chapter 75 / Article 1 / Section 40-75-70
SECTION 40-75-70. Additional powers and duties.
Status: in_force

In addition to the powers and duties provided in this chapter, the board has those powers and duties set forth in Section 40-1-70.
S.C. Code Ann. § 40-3-80 — SC Code / Title 40 / Chapter 3 / Section 40-3-80
SECTION 40-3-80. Investigation of fitness to practice or complaint charging violation; power of board to issue subpoenas and administer oaths.
Status: in_force

(A) If the director of the Department of Labor, Licensing and Regulation or the board has reason to believe that an individual or firm has become unfit to engage in the practice of architecture 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 board 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 director or board may initiate an investigation. (B) The board or a member of the board may issue subpoenas to compel the attendance of witnesses and the production of documents and also may administer oaths, take testimony, hear proofs, and receive exhibits in evidence for all purposes required in the discharge of duties under this chapter.
S.C. Code Ann. § 40-36-60 — SC Code / Title 40 / Chapter 36 / Article 1 / Section 40-36-60
SECTION 40-36-60. Adoption of rules and regulations; seal.
Status: in_force

The board may adopt rules governing its proceedings as provided for in Section 40-1-60 and may adopt an official seal bearing the words "South Carolina Board of Occupational Therapy". The board shall promulgate regulations necessary to carry out the provisions of this chapter including, but not limited to, promulgating in regulation a code of ethics.
S.C. Code Ann. § 40-47-800 — SC Code / Title 40 / Chapter 47 / Article 6 / Section 40-47-800
SECTION 40-47-800. Licensing fees.
Status: in_force

Fees for acupuncturist, auricular therapist, and auricular detoxification specialist licensure must be established and adjusted biennially in accordance with Section 40-1-50(D) to ensure that they are sufficient but not excessive to cover expenses including the total of the direct and indirect costs to the State for the operations of the committee: (1) initial licensing fee; (2) renewal of license fee; (3) late renewal fee; (4) reactivation application fee.
S.C. Code Ann. § 40-47-25 — SC Code / Title 40 / Chapter 47 / Article 1 / Section 40-47-25
SECTION 40-47-25. Rights and privileges of licensees.
Status: in_force

Osteopathic physicians and surgeons licensed hereunder shall have the same rights and privileges as physicians and surgeons of other schools of medicine with respect to the treatment of cases, hospital privileges, and the holding of health offices or offices of public institutions. Physicians and surgeons licensed pursuant to this chapter must be licensed to practice medicine in all its branches regardless of whether the physician holds an M.D. or D.O. degree and has passed the United States Medical Licensing Examination (USMLE) or the Comprehensive Osteopathic Medical Licensing Examination (COMLEX—USA) examination sequence, or graduated from a college accredited by the Liaison Committee on Medical Education (LCME) or the American Osteopathic Association (AOA), Commission on Osteopathic College Accreditation (COCA), or successfully completed post-graduate training from the American Council for Graduate Medical Education (ACGME) approved or AOA-approved programs, or obtained American Board of Medical Specialties (ABMS) or AOA board certification, or on the basis of his or her race, color, creed, religion, sex, or national origin.
S.C. Code Ann. § 40-61-80 — SC Code / Title 40 / Chapter 61 / Section 40-61-80
SECTION 40-61-80. Complaints and proceedings against registered environmental sanitarians.
Status: in_force

The board shall receive complaints by any person against a registered environmental sanitarian and shall require a complaint to be submitted in written form specifying the exact charge. Upon receipt of the complaint, the chairman or his designee shall investigate the allegations in the complaint and make a report to the board concerning his investigation. If the board desires to proceed further, it may file a formal accusation charging the registered environmental sanitarian with a violation of a provision of this chapter. The accusation must be signed by the chairman on behalf of the board. When the accusation is filed the board shall set a date and place for hearing thereon and the board must notify the accused in writing not less than thirty days prior to the hearing and a copy of the accusation must be attached to the notice. The accused may appear and show cause why his license should not be suspended or revoked. The accused has the right to be confronted with and to cross-examine the witnesses against him and he has the right to counsel. For the purposes of such hearing, the board may require by subpoena the attendance of witnesses, the production of documents, may administer oaths and hear testimony, either oral or documentary, for and against the accused. In instances where a board member has made the initial investigation or complaint, he may not sit with the board at the hearing of the complaint. The notice must be sent to the accused by registered mail, return receipt requested, directed to his last mailing address furnished by the board. The post office registration receipt signed by the accused, his agent, or a responsible member of his household or office staff, or, if not accepted by the person to whom addressed, the postal authority stamp showing the notice refused is prima facie evidence of service of the notice. All investigations and proceedings undertaken under the provisions of this chapter are confidential. Every communication, whether oral or written, made by or on behalf of any complainant to the board or member thereof, pursuant to this chapter, whether by way of complaint or testimony, is privileged; and no action or proceeding, civil or criminal, shall lie against any person by whom or on whose behalf the communication is made, except upon proof that the communication was made with malice. No part of this chapter is construed as prohibiting the respondent or his legal counsel from exercising the respondent's constitutional right of due process under the law nor to prohibit the respondent from normal access to the charges and evidence filed against him as a part of due process under the law.
S.C. Code Ann. § 40-81-200 — SC Code / Title 40 / Chapter 81 / Section 40-81-200
SECTION 40-81-200. Penalty.
Status: in_force

A person who violates the provisions of this chapter or a regulation promulgated pursuant to this chapter is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned for not more than two years, or both.
S.C. Code Ann. § 40-53-120 — SC Code / Title 40 / Chapter 53 / Section 40-53-120
SECTION 40-53-120. Internship license.
Status: in_force

(a) Upon approval by the Division, it shall issue an internship license to a trainee provided he applies for such license and pays the required fee within ten days prior to the commencement of his internship. The application shall contain such information as may be required by the Division. (b) An internship license shall be valid for the term of twelve months from the date of issue. Such license may be extended or renewed for any term not to exceed six months upon good cause shown to the Division. (c) A trainee shall not be entitled to hold an internship license after the expiration of the original twelve-month period and a six-month extension until twelve months after the date of expiration of the last internship license held by such trainee.
S.C. Code Ann. § 40-11-530 — SC Code / Title 40 / Chapter 11 / Article 3 / Section 40-11-530
SECTION 40-11-530. Notice of claim; contents; request for clarification.
Status: in_force

(A) The claimant must serve a written notice of claim on the contractor, subcontractor, supplier, or design professional. The notice of claim must contain the following: (1) a statement that the claimant asserts a construction defect; (2) a description of the claim or claims in reasonable detail sufficient to determine the general nature of the construction defect; and (3) a description of the results of the defect, if known. (B) The contractor, subcontractor, supplier, or design professional must advise the claimant, within fifteen days of receipt of the claim, if the description of the claim or claims is not sufficiently stated and shall request clarification.
S.C. Code Ann. § 40-19-280 — SC Code / Title 40 / Chapter 19 / Section 40-19-280
SECTION 40-19-280. Removal or embalming of body where information discloses death caused by crime or violence; notice to next-of-kin before body sent to funeral establishment; contract to pay insurance or benefits to funeral establishment; interference with public freedom of choice.
Status: in_force

(A) No person licensed as a funeral director or embalmer shall remove or embalm a dead human body when the person has information indicating crime or violence of any sort in connection with the cause of death until permission first has been obtained from the coroner or medical examiner or some other qualified person acting in this capacity. (B) No public officer or employee, the official of any public institution, physician, surgeon, or any other person having a professional relationship with a decedent may send or cause to be sent to a funeral establishment or to a person licensed for the practice of funeral service the remains of a deceased person without having first made due inquiry as to the desires of the next of kin and of the persons who may be chargeable with the funeral and expenses of the decedent, such as the person named in the decedent's United States Department of Defense Record of Emergency Data Form (DD Form 93), or its successor form, if the decedent died while serving in any branch of the United States Armed Services, as defined in 10 U.S.C. Section 1481. If any kin is found, authority and directions of the kin govern except in those instances where the deceased made prior arrangements in writing, such as the aforementioned Record of Emergency Data. (C) No company, corporation, or association engaged in the business of paying or providing for the payment of the expenses of the funeral, disposition, or other similar expenses of the deceased members or of certificate holders, or engaged in the business of providing insurance upon the life of an individual, under which an obligation may arise to care for the remains of the insured, shall contract to pay or shall pay insurance or benefits, or part of insurance or benefits, to a funeral establishment, licensee, or individual in a manner which may deprive the representative, next of kin, or family of the deceased person from, or in any way control them in, procuring a funeral establishment, person licensed for the practice of funeral service, or other proper and competent person to perform funeral services and furnish supplies to care for the remains of the decedent. (D) No person licensed as a funeral director or embalmer or anyone acting for a funeral director or embalmer shall have a part in a transaction or business which in any way interferes with the freedom of choice of the general public to choose a person licensed for the practice of funeral service or to choose a funeral establishment except where the body or a part of the body is given for anatomical purposes. (E) It is unlawful for a person, partnership, corporation, or association who has not been licensed or registered as provided for in this chapter to transact, practice, or hold himself out as transacting or practicing funeral service or operating or maintaining a funeral establishment, crematory, or retail sales outlet within this State. Editor's Note Prior Laws:1955 (49) 550; 1962 Code SECTION 56-673; 1983 Act No. 146, SECTION 1; 1976 Code SECTION 40-19-190. Effect of Amendment The 2010 amendment in subsection (B) added the end of the first sentence, relating to United States Department of Defense Record of Emergency, and in the second sentence, added the reference to Record of Emergency Data.
S.C. Code Ann. § 40-75-510 — SC Code / Title 40 / Chapter 75 / Article 3 / Section 40-75-510
SECTION 40-75-510. Board to administer provisions of article and issue licenses.
Status: in_force

The Board of Examiners for the Licensure of Professional Counselors, Marriage and Family Therapists, and Psycho-educational Specialists shall administer the provisions of this article and is the sole authority for issuing licenses pursuant to this article.
S.C. Code Ann. § 40-82-60 — SC Code / Title 40 / Chapter 82 / Section 40-82-60
SECTION 40-82-60. Rules and regulations.
Status: in_force

The board may adopt rules governing its proceedings and internal operations and may promulgate regulations to enforce, administer, and implement this chapter.
S.C. Code Ann. § 40-43-81 — SC Code / Title 40 / Chapter 43 / Section 40-43-81
SECTION 40-43-81. Transfer of pharmacist licenses from other jurisdictions; reciprocity required.
Status: in_force

(A) In order for a pharmacist currently licensed in another jurisdiction to obtain a license as a pharmacist by license transfer in this State, an applicant shall: (1) have submitted a written application in the form prescribed by the Board of Pharmacy; (2) have possessed at the time of initial licensure as a pharmacist all qualifications necessary to have been eligible for licensure at that time in this State; (3) have presented to the board proof of initial licensure by examination and proof that such license is in good standing; (4) have presented to the board proof that any other license granted to the applicant by any other state has not been suspended, revoked, or otherwise restricted for any reason except nonrenewal or for the failure to obtain the required continuing education credits in any state where the applicant is currently licensed but not engaged in the practice of pharmacy; (5) have paid the fees specified by the board; (6) have passed the Multistate Pharmacy Jurisprudence Examination; and (7) be interviewed by members of the board. (B) No applicant is eligible for license transfer unless the state in which the applicant was initially licensed as a pharmacist also grants licensure transfer to pharmacists duly licensed by examination in this State, under like circumstances and conditions.
S.C. Code Ann. § 40-36-100 — SC Code / Title 40 / Chapter 36 / Article 1 / Section 40-36-100
SECTION 40-36-100. Restraining orders and other equitable relief.
Status: in_force

In addition to other remedies provided for in this chapter or Article 1, Chapter 1, the board 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.
S.C. Code Ann. § 40-10-210 — SC Code / Title 40 / Chapter 10 / Section 40-10-210
SECTION 40-10-210. Injunctive relief.
Status: in_force

The department, on behalf of the board and in accordance with Section 40-1-210, may petition an administrative law judge, in the name of the State, for injunctive relief against a person violating this chapter.
S.C. Code Ann. § 40-67-10 — SC Code / Title 40 / Chapter 67 / Article 1 / Section 40-67-10
SECTION 40-67-10. Creation of Board of Examiners in Speech-Language Pathology and Audiology; purpose of board; membership; vacancies; oath.
Status: in_force

(A) There is created the Board of Examiners in Speech-Language Pathology and Audiology under the administration of the Department of Labor, Licensing and Regulation. The purpose of this board is to protect the public through the regulation of professionals who identify, assess, and provide treatment, including dispensing and fitting appropriate devices to promote communication, for individuals with communication disorders through the administration and enforcement of this chapter and any regulations promulgated under this chapter. (B) The Board of Examiners in Speech-Language Pathology and Audiology consists of five members: two speech-language pathologists, two audiologists, and one lay member. Each speech-language pathologist and audiologist must hold active and valid licenses issued under this chapter. (C) All members must be appointed by the Governor with the advice and consent of the Senate. Nominations for appointment to the board may be submitted to the Governor from a group, individual, or association and must be considered in accordance with Section 40-1-45. Members shall serve terms of four years and until a successor has been appointed and qualifies. (D) A vacancy on the board must be filled for the remainder of the unexpired term in the manner of the original appointment. (E) The Governor may remove a member of the board in accordance with Section 1-3-240. (F) Each member of the board, before entering upon the discharge of the duties of the office, shall take and file with the Secretary of State, in writing, an oath to perform properly the duties of the office as a member of the board and to uphold the Constitution of this State and the United States. Editor's Note Prior Laws:1962 Code SECTION 56-1549.1; 1973 (58) 773; 1994 Act No. 400, SECTION 1; 1976 Code SECTION 40-67-30.
S.C. Code Ann. § 40-1-110 — SC Code / Title 40 / Chapter 1 / Article 1 / Section 40-1-110
SECTION 40-1-110. Additional grounds for disciplinary action.
Status: in_force

In addition to other grounds contained in this article and the respective board's chapter: (1) A board may cancel, fine, suspend, revoke, or restrict the authorization to practice of an individual who: (a) used a false, fraudulent, or forged statement or document or committed a fraudulent, deceitful, or dishonest act or omitted a material fact in obtaining licensure under this article; (b) has had a license to practice a regulated profession or occupation in another state or jurisdiction canceled, revoked, or suspended or who has otherwise been disciplined; (c) has intentionally or knowingly, directly or indirectly, violated or has aided or abetted in the violation or conspiracy to violate this article or a regulation promulgated under this article; (d) has intentionally used a fraudulent statement in a document connected with the practice of the individual's profession or occupation; (e) has obtained fees or assisted in obtaining fees under fraudulent circumstances; (f) has committed a dishonorable, unethical, or unprofessional act that is likely to deceive, defraud, or harm the public; (g) lacks the professional or ethical competence to practice the profession or occupation; (h) has been convicted of or has pled guilty to or nolo contendere to a felony or a crime involving drugs or moral turpitude; (i) has practiced the profession or occupation while under the influence of alcohol or drugs or uses alcohol or drugs to such a degree as to render him unfit to practice his profession or occupation; (j) has sustained a physical or mental disability which renders further practice dangerous to the public; (k) violates a provision of this article or of a regulation promulgated under this article; (l) violates the code of professional ethics adopted by the applicable licensing board for the regulated profession or occupation or adopted by the department with the advice of the advisory panel for the professions and occupations it directly regulates. Each incident is considered a separate violation.
S.C. Code Ann. § 40-8-80 — SC Code / Title 40 / Chapter 8 / Section 40-8-80
SECTION 40-8-80. License fees.
Status: in_force

(A) The following fees must be assessed, collected, and adjusted on behalf of the board by the Department of Labor, Licensing and Regulation in accordance with this chapter and the provisions of Section 40-1-50(D): (1) a license fee of eight hundred fifty dollars, annually; (2) an application fee of two hundred fifty dollars. (B) Notwithstanding subsection (A), the fees for a cemetery in existence on the effective date of this chapter, which consists of ten acres or less of land are as follows: (1) a license fee of four hundred dollars, annually; (2) an application fee of two hundred fifty dollars. (C) The license period is from January first through December thirty-first. (D) Failure to renew a license by the December thirty-first renewal date renders the license invalid. The license may be reinstated upon receipt of an application postmarked not later than January thirty-first. Delinquent renewal requests not postmarked on or before January thirty-first require that a new application be submitted under the guidelines in effect for the current period. (E) All fees are nonrefundable.
S.C. Code Ann. § 40-23-90 — SC Code / Title 40 / Chapter 23 / Section 40-23-90
SECTION 40-23-90. Investigation by board of initial complaints; authorizing department to issue formal complaint for disciplinary action.
Status: in_force

Presentation of results of an investigation and proceedings pursuant to this chapter must be conducted as provided in Section 40-1-90. The board may receive complaints by any person against a licensee and may require the complaints to be submitted in writing, specifying the exact charge or charges and to be signed by the initial complainant. Upon receipt of an initial complaint, where appropriate, the initial complaint may be referred to an investigator of the department, who shall investigate the allegations in the complaint. The results of any investigation must be reported to the board. If from these results it appears a violation has occurred or a licensee has become unfit to practice, the board may authorize the department to issue a formal complaint for disciplinary action as authorized by Section 40-1-120 or 40-23-120. Editor's Note Prior Laws: 1962 Code SECTION 56-1544.11; 1966 (54) 2668; 1968 (55) 2439; 1983 Act No. 104, SECTION 2; 1988 Act No. 621, SECTION 1; 1976 Code SECTION 40-23-120. Effect of Amendment 2014 Act No. 156, SECTION 2, in the third sentence, substituted "where appropriate, the initial complaint may be referred" for "the board administrator, where appropriate, may refer the complaint".
S.C. Code Ann. § 40-75-1040 — SC Code / Title 40 / Chapter 75 / Article 6 / Section 40-75-1040
SECTION 40-75-1040. Construction and severability.
Status: in_force

This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any member state or of the United States or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any member state, the compact shall remain in full force and effect as to the remaining member states and in full force and effect as to the member state affected as to all severable matters.
S.C. Code Ann. § 40-56-260 — SC Code / Title 40 / Chapter 56 / Section 40-56-260
SECTION 40-56-260. Report to board of any fire or explosion.
Status: in_force

An owner, manager, or operator of any location regulated by this chapter shall report to the board within twenty-four hours of any fire or explosion of which the person has knowledge, with as complete detail as possible, together with evidence as he has obtained after investigation of the fire or explosion. No reports filed pursuant to this section may be disclosed unless disclosure is in compliance with the requirements of Chapter 4, Title 30 of the 1976 Code.
S.C. Code Ann. § 40-81-130 — SC Code / Title 40 / Chapter 81 / Section 40-81-130
SECTION 40-81-130. Denial of Licensure.
Status: in_force

The commission shall deny licensure to an applicant who has committed an act that would be grounds for disciplinary action under this chapter. The commission shall deny licensure to an applicant who has failed to demonstrate the qualifications or standards for licensure contained in this chapter. The applicant shall demonstrate to the satisfaction of the commission that the applicant meets all the requirements for the issuance of a license.
S.C. Code Ann. § 40-15-450 — SC Code / Title 40 / Chapter 15 / Article 3 / Section 40-15-450
SECTION 40-15-450. Patient records; health records.
Status: in_force

(A) A dentist shall: (1) maintain timely, legible, accurate, and complete patient records; and (2) timely provide these records to the patient, another dentist, or a designated medical professional in response to a lawful request for the records by the patient or his legal representative or designee. (B) A dental practice must have a procedure for initiating and maintaining a health record for every patient evaluated or treated. For procedures requiring patient consent, there must be an informed consent documented in the patient record. (C) The health record of a patient required under subsection (B) must include appropriate information to: (1) identify the patient, support the diagnosis, and justify the treatment; (2) identify the procedure code or suitable narrative description of the procedure; and (3) document the outcome and required follow-up care. (D) If moderate sedation or deep sedation/general anesthesia is provided, the health record of a patient also must include documentation of: (1) patient weight; (2) type of anesthesia used; (3) type and dosage of drugs administered, if any; (4) fluid administered, if any; (5) a record of vital signs monitoring; (6) patient level of consciousness during the procedure; (7) duration of the procedure; (8) complications related to the procedure or anesthesia, if any; and (9) time-oriented anesthesia record.
S.C. Code Ann. § 40-77-60 — SC Code / Title 40 / Chapter 77 / Section 40-77-60
SECTION 40-77-60. Promulgation of rules and regulations; code of ethics.
Status: in_force

The board may adopt rules governing its proceedings and may promulgate regulations necessary to carry out the provisions of this chapter. The board may establish by regulation a code of ethics binding on persons licensed under or subject to this chapter.
S.C. Code Ann. § 40-15-270 — SC Code / Title 40 / Chapter 15 / Article 1 / Section 40-15-270
SECTION 40-15-270. Reciprocity for dentists and dental hygienists licensed in other states.
Status: in_force

The board may grant licenses to licensees of other states who are members of regional testing services of which the board is also a member without further examination and may make all necessary regulations and agreements for the reciprocal recognition of licenses issued by other states.
S.C. Code Ann. § 40-60-480 — SC Code / Title 40 / Chapter 60 / Article 3 / Section 40-60-480
SECTION 40-60-480. Investigations and disciplinary proceedings; notice requirements.
Status: in_force

The board may conduct investigations and disciplinary proceedings in accordance with Sections 40-1-80 and 40-1-90 and the Administrative Procedures Act, provided: (1) before disciplining a registrant by publicly or privately reprimanding, fining, or suspending or revoking a registration, the board shall notify the registrant in writing of charges made at least thirty days prior to the date set for the hearing and shall afford the registrant an opportunity to be heard in person or by counsel; (2) the written notice requirement is satisfied by sending the notice through the United States Postal Service by regular mail or certified mail, return receipt requested, to the controlling person of the registrant to the address of the registrant on file with the board; (3) a hearing on the charges must be held at a time and place prescribed by the board; and (4) a registrant aggrieved by a final action of the board may seek review of the decision pursuant to Section 40-1-160 and the Administrative Procedures Act. Editor's Note 2017 Act No. 32, SECTION 5, provides as follows: "SECTION 5. This act takes effect upon approval by the Governor. In the event that a registration process is unavailable upon the effective date of this act, an appraisal management company already conducting business in this State may continue to conduct business until one hundred twenty days after a registration process becomes available."
S.C. Code Ann. § 40-63-280 — SC Code / Title 40 / Chapter 63 / Article 1 / Section 40-63-280
SECTION 40-63-280. Promulgation of regulations; standards of conduct; practice of impaired licensees.
Status: in_force

The Board of Social Work Examiners may promulgate regulations setting forth standards of conduct for persons licensed by the board and may establish regulations pertaining to the practice of impaired licensees.
S.C. Code Ann. § 40-49-30 — SC Code / Title 40 / Chapter 49 / Article 1 / Section 40-49-30
SECTION 40-49-30. Special provision as to membership of boards in cities of over 86,000.
Status: in_force

Notwithstanding the provisions of SECTION 40-49-20, in every city with a population of over eighty-six thousand, according to the latest official United States census, there shall be a board of plumbing examiners consisting of five members as follows: Two master plumbers with at least four years' experience, one journeyman plumber with at least four years' experience, and two other members. The members of such board shall be appointed by the mayor of the city for terms of four years and until their successors are appointed and qualify; except, that of the members first appointed, one shall be appointed for a term of one year, one for a term of two years, one for a term of three years and two for terms of four years or until their successors are appointed and qualify. In the event of a vacancy on the board, such vacancy shall be filled by appointment of the mayor and such appointee shall hold office for the unexpired term of his predecessor and until his successor is appointed and qualifies. All other provisions of this article shall apply to any such city.
S.C. Code Ann. § 40-81-30 — SC Code / Title 40 / Chapter 81 / Section 40-81-30
SECTION 40-81-30. Licensure.
Status: in_force

No person shall promote or participate in an event or exhibition without a license from the commission.
S.C. Code Ann. § 40-19-190 — SC Code / Title 40 / Chapter 19 / Section 40-19-190
SECTION 40-19-190. Confidentiality of proceedings and communications.
Status: in_force

Investigations and proceedings conducted under this chapter are confidential, and all communications are privileged as provided for in Section 40-1-190. Editor's Note Prior Laws:1983 Act No. 146, SECTION 1; 1976 Code SECTION 40-19-170.
S.C. Code Ann. § 40-63-160 — SC Code / Title 40 / Chapter 63 / Article 1 / Section 40-63-160
SECTION 40-63-160. Appeal.
Status: in_force

As provided for in Section 40-1-160, a person aggrieved by a final action of the board may seek review of the decision.
S.C. Code Ann. § 40-59-140 — SC Code / Title 40 / Chapter 59 / Article 1 / Section 40-59-140
SECTION 40-59-140. Prior criminal record.
Status: in_force

A person may be denied licensure or registration based on a person's prior criminal record only as provided for in Section 40-1-140.
S.C. Code Ann. § 40-45-10 — SC Code / Title 40 / Chapter 45 / Article 1 / Section 40-45-10
SECTION 40-45-10. Board of Physical Therapy Examiners; creation and purpose; membership.
Status: in_force

(A) There is created the State Board of Physical Therapy Examiners to license physical therapists and physical therapist assistants under the administration of the Department of Labor, Licensing and Regulation. The purpose of this board is to protect the public through regulation of professionals who identify, assess, and provide treatment for individuals with physical disabilities through the administration and enforcement of this chapter and any regulations promulgated under the chapter. (B) The board consists of eleven members appointed by the Governor, seven of whom must be licensed physical therapists, with one from each congressional district, two of whom must be physical therapist assistants, and two from the general public. The South Carolina Physical Therapy Association, Inc. shall submit recommendations to the Governor of at least two names for each physical therapist and physical therapist assistant member. The Governor also shall consider nominations from any other individual, group, or association. The physical therapist and the physical therapist assistant member each must have had at least three years' experience before being appointed and while serving on the board be actively practicing in this State. Members shall serve terms of four years and until their successors are appointed and qualify. Vacancies must be filled in the manner of the original appointment for the unexpired portion of the term. Editor's Note Prior Laws:1962 Code SECTION 56-1337; 1952 (47) 1967; 1971 (57) 405; 1982 Act No. 413, SECTION 4; 1993 Act No. 85, SECTION 2; 1976 Code SECTION 40-45-30. 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 added the subsection identifiers; and substituted "eleven" for "nine", "seven" for "six", and "two" for "one" in subsection (B).
S.C. Code Ann. § 40-75-1050 — SC Code / Title 40 / Chapter 75 / Article 6 / Section 40-75-1050
SECTION 40-75-1050. Binding effect of compact and other laws.
Status: in_force

(A) A licensee providing professional counseling services in a remote state under the privilege to practice shall adhere to the laws and regulations, including scope of practice, of the remote state. (B) Nothing herein prevents the enforcement of any other law of a member state that is not inconsistent with the compact. (C) Any laws in a member state in conflict with the compact are superseded to the extent of the conflict. (D) Any lawful actions of the commission, including all rules and bylaws properly promulgated by the commission, are binding upon the member states. (E) All permissible agreements between the commission and the member states are binding in accordance with their terms. (F) In the event any provision of the compact exceeds the constitutional limits imposed on the legislature of any member state, the provision shall be ineffective to the extent of the conflict with the constitutional provision in question in that member state.
S.C. Code Ann. § 40-33-41 — SC Code / Title 40 / Chapter 33 / Article 1 / Section 40-33-41
SECTION 40-33-41. Request for inactive status.
Status: in_force

Upon request on a form provided by the board and payment of the applicable fee, the board shall place a person on the official inactive status if the person is currently licensed under this chapter and does not meet the minimum continued competency requirement for renewal or wishes to retire from practice temporarily. While on inactive status the person is not subject to the payment of any renewal fees and must not practice nursing in this State. To apply for reinstatement, the person shall submit an application, pay a reinstatement fee for the current period, and demonstrate continued competency as defined in regulation. The board may deny reinstatement based on evidence of unlawful acts, incompetence, unprofessional conduct, or other misconduct.
S.C. Code Ann. § 40-11-300 — SC Code / Title 40 / Chapter 11 / Article 1 / Section 40-11-300
SECTION 40-11-300. Total cost of construction used to determine license group for project; work on project without required license.
Status: in_force

(A) It is unlawful for an owner, a construction manager, a prime contractor, or another entity with contracting or hiring authority on a construction project to divide work into portions so as to avoid the financial or other requirements of this chapter as it relates to license classifications or subclassifications or license groups, or both. The total cost of construction must be used to determine the appropriate license group for a project. (B) An entity or individual engaging in general or mechanical construction on a project without the required license or certificate must immediately withdraw from the construction project and may not act as a subcontractor on that construction project.
S.C. Code Ann. § 40-37-390 — SC Code / Title 40 / Chapter 37 / Section 40-37-390
SECTION 40-37-390. Unlawful advertising practices.
Status: in_force

(A) It is unlawful for a person, partnership, or corporation that provides optometric services to disseminate, directly or indirectly, or cause to be disseminated any untruthful, deceptive advertisement or representation concerning eye examinations, ophthalmic goods, ophthalmic services, or the practice of optometry. It is also unlawful for a person, partnership, or corporation to disseminate, directly or indirectly, or cause to be disseminated any untruthful, impossible, improbable, misleading, or deceptive advertisement or representation concerning the terms, guarantee, or warranty that relates to the procurement of ophthalmic goods or services. (B) It is unlawful for a person, partnership, or corporation that provides optometric services to offer or give eye examinations as a premium or bonus with the purchase of merchandise or in any other manner to induce trade without offering the following information: (1) if the offered examination fee is represented as being a reduced price, sale price, or discounted price, the offer must disclose whether the reduced price, sale price, or discounted price is from the offeror's regular selling price or must disclose any other price and its source if it serves as the standard from which the offeror represents the offered price as being a reduced price, sale price, or discounted price; (2) if ophthalmic materials are offered in conjunction with a reduced examination fee, the offer must include complete price information regarding all ophthalmic materials; (3) the date the offer terminates. (C) It is unlawful for a person, partnership, or corporation to disseminate price information concerning ophthalmic goods and services without including whether an advertised price for: (1) eyeglasses includes single vision or multi-focal lenses; (2) contact lenses refers to hard or soft contact lenses; (3) ophthalmic materials includes all dispensing fees; (4) ophthalmic materials includes an eye examination; (5) eyeglasses includes both frame and lenses; and (6) ophthalmic materials carries restrictions on selection. (D) Nothing in this chapter prevents a person from making truthful, nondeceptive claims of qualifications and professional affiliations. Editor's Note Prior Laws:1917 (30) 1; Civ. C. '22 SECTION 2466; 1932 Code SECTION 5245; 1937 (40) 394; 1942 Code SECTION 5245; 1952 Code SECTION 56-1075; 1962 Code SECTION 56-1075; 1977 Act No. 211; 1982 Act No. 395, SECTION 1; 1988 Act No. 501, SECTION 1; 1976 Code SECTION 40-37-180.
S.C. Code Ann. § 40-22-250 — SC Code / Title 40 / Chapter 22 / Section 40-22-250
SECTION 40-22-250. Certificate of authorization to practice as firm; conditions; application and registration fee; discipline.
Status: in_force

(A) The practice of or offer to practice professional engineering or surveying through a firm is permitted only through entities holding a valid certificate of authorization issued by the board. For the purposes of this section a certificate of authorization is also required for a firm practicing in this State under a fictitious name. However, when an individual is practicing engineering or surveying in his name as individually licensed, that person is not required to obtain a certificate of authorization. (B) The practice or offer to practice of engineering and surveying by individual professional engineers or professional surveyors licensed under this chapter through a firm offering engineering services or surveying services to the public is permitted, provided: (1) one or more of the corporate officers, one or more of the principal owners, or a full-time licensed employee are designated as being responsible for the professional services regulated by this board and are licensed under this chapter; (2) all personnel of the firm who act on behalf of the firm as professional engineers or surveyors in this State are licensed under this chapter; and (3) the firm has been issued a certificate of authorization by the board as required by this section. (C) Before the issuance of a certificate of authorization, the board must be in receipt of the firm's appropriate documentation issued by the Secretary of State. (D) A firm desiring a certificate of authorization shall file with the board an application on forms provided by the board accompanied by the registration fee as provided in regulation. Each certificate of authorization must be renewed biennially beginning April 1, 2009. A renewal form provided by the board must be completed and submitted with the biennial registration fee, the fee being an amount as provided in regulation. (E) Disciplinary action against a firm must be administered in the same manner and on the same grounds as disciplinary action against an individual. No firm is relieved of responsibility for conduct or acts of its agents, officers, or employees by reason of its compliance with this section, and an individual practicing engineering or surveying is not relieved of responsibility for professional services performed by reason of his employment or relationship with the firm. (F) A professional engineer and a professional surveyor engaged in practice through firms may maintain branch offices in addition to a principal place of business. A principal place of business as well as each branch office providing services in this State must have a resident professional engineer in responsible charge of engineering work or a resident professional surveyor in responsible charge of the field and office surveying work provided. A professional engineer must supervise the engineering activities of each branch office and a professional surveyor must supervise the surveying activities of each branch office. The resident professional engineer or resident professional surveyor is considered in residence in only one place of business at a given time. (G) Nothing in this section may be construed to prohibit firms from joining together to offer engineering or surveying services to the public, if each separate entity providing the services in this State otherwise meets the requirements of this section. For firms practicing as a professional corporation under the laws of this State, the joint practice of engineering or surveying or both with the professions of architecture, landscape architecture, and geology is specifically approved by the board. (H) If the requirements of this section are met, the board shall issue a certificate of authorization to the firm, and the firm may contract for and collect fees for professional engineering and/or surveying services. The board, however, may refuse to issue a certificate or suspend or revoke an existing certificate for due cause. A person or firm aggrieved by an adverse determination of the board may file an appeal as provided for in this chapter. (I) Nothing in this section may be construed to mean that a firm may practice or offer to practice engineering or surveying without meeting individual licensure. Editor's Note Prior Laws: 1991 Act No. 99, SECTION 1; 1976 Code SECTION 40-22-40. Effect of Amendment 2016 Act No. 259, SECTION 12, in (B)(1), substituted "one or more of the principal owners, or a full-time licensed employee" for "in the case of a corporation, or one or more of the principal owners, or a full-time employee, in the case of other firms,"; added (F), relating to branch offices; redesignated the remaining paragraphs accordingly; and made other nonsubstantive changes.
S.C. Code Ann. § 40-47-1780 — SC Code / Title 40 / Chapter 47 / Article 11 / Section 40-47-1780
SECTION 40-47-1780. Engagement as an athletic trainer.
Status: in_force

For purposes of this article, a person is engaged as an athletic trainer if the person is employed on a salary or contractual basis by an educational institution, hospital, rehabilitation clinic, physician's office, industry, performing arts group, professional athletic organization, military, governmental agency, or other bona fide organization which employs or serves a physically active population and performs the duties of athletic trainer as a major responsibility of this employment.
S.C. Code Ann. § 40-13-110 — SC Code / Title 40 / Chapter 13 / Section 40-13-110
SECTION 40-13-110. Grounds for revocation, suspension, or restriction of license; penalties.
Status: in_force

(A) In addition to the grounds for disciplinary action provided for in Section 40-1-110, the board may revoke, suspend, or restrict a license upon a satisfactory showing to the board that the holder of the license has: (1) violated or failed to comply with any provision of this chapter, a regulation promulgated under this chapter, or an order of the board; (2) permitted a person in one's employ or under one's supervision or control to practice as a cosmetologist, esthetician, or nail technician without that person being licensed as a cosmetologist, esthetician, or nail technician; (3) obtained or attempted to obtain a license for money other than the required fee or any other thing of value or by fraudulent misrepresentation; (4) practiced or attempted to practice cosmetology by fraudulent misrepresentation; (5) wilfully failed to display a salon license as required by Section 40-13-300, a school license as required by Section 40-13-320, or a license as required by Section 40-13-280 or the sanitary regulations as required by Section 40-13-350; (6) practiced or attempted to practice cosmetology in any place other than a licensed salon, except in case of an emergency including, but not limited to, illness, invalidism, or death when a licensed operator may perform services for a person in another place by appointment only; (7) wilfully and continuously violated the reasonable regulations adopted by the board and approved by the Department of Health and Environmental Control for the sanitary management and operation of salons and schools; (8) used a substance or device which is not labeled for cosmetic use. (B) The holder of a license issued by the board found to have engaged in misconduct pursuant to subsection (A) is in violation of this chapter, regulations promulgated pursuant to this chapter, or an order of the board and is subject to a civil penalty in lieu of suspension or revocation of the license. The penalty may not exceed five hundred dollars. (C) A school owner who fails to notify the board of his school's closing or fails to provide student records as specified in applicable regulations is guilty of a misdemeanor and, upon conviction, may be fined not more than two hundred dollars or imprisoned not more than thirty days, or both. (D) The board shall permanently revoke the license of a person convicted of, or a person who pleads guilty or nolo contendere to, a violation under subsection (C) above. Editor's Note Prior Laws:1982 Act No. 388; 1976 Code SECTION 40-13-250.
S.C. Code Ann. § 40-65-170 — SC Code / Title 40 / Chapter 65 / Section 40-65-170
SECTION 40-65-170. Person found in violation to pay costs of investigation and prosecution.
Status: in_force

A person found in violation of this chapter or regulations promulgated pursuant to this chapter may be required to pay costs associated with the investigation and prosecution of the case in accordance with Section 40-1-170.
S.C. Code Ann. § 40-85-180 — SC Code / Title 40 / Chapter 85 / Section 40-85-180
SECTION 40-85-180. Payment of costs for investigation and prosecution.
Status: in_force

A person found in violation of this chapter or a regulation promulgated pursuant to this chapter may be required to pay costs associated with the investigation and prosecution of the case in accordance with Section 40-1-170.
S.C. Code Ann. § 40-1-130 — SC Code / Title 40 / Chapter 1 / Article 1 / Section 40-1-130
SECTION 40-1-130. Board's authority to sanction.
Status: in_force

A board may deny an authorization to practice to an applicant who has committed an act that would be grounds for disciplinary action under this article or the licensing act of the respective board. A board must deny authorization to practice to an applicant who has failed to demonstrate the qualifications or standards for licensure contained in the respective board's licensing act. The applicant shall demonstrate to the satisfaction of the board that the applicant meets all the requirements for the issuance of a license.
S.C. Code Ann. § 40-13-30 — SC Code / Title 40 / Chapter 13 / Section 40-13-30
SECTION 40-13-30. License required to operate school.
Status: in_force

It is unlawful to operate a cosmetology school without a license or to violate any of the provisions of this chapter relating to schools; however, a school may be operated in and as part of an accredited high school, trade school, or industrial school, and a school so operated must be licensed by the board; however, it is exempt from executing a bond and entering into contracts with its students. Editor's Note Prior Laws:1953 (48) 432; 1962 Code SECTION 56-472.6; 1966 (54) 2410; 1982 Act No. 388; 1976 Code SECTION 40-13-220.
S.C. Code Ann. § 40-43-200 — SC Code / Title 40 / Chapter 43 / Section 40-43-200
SECTION 40-43-200. Joint Pharmacist Administered Vaccines Committee; meetings, quorum, and chairperson; duties of committee.
Status: in_force

(A) There is created a Joint Pharmacist Administered Vaccines Committee as a committee to the Board of Medical Examiners which consists of seven members. The committee is comprised of two physicians selected by the Board of Medical Examiners, two pharmacists selected by the Board of Pharmacy, and two advanced practice nurse practitioners selected by the Board of Nursing. One member of the Department of Health and Environmental Control designated by the director of the department also shall serve on the committee. Members of the committee may not be compensated for their service on the board and may not receive mileage, per diem, and subsistence as otherwise authorized by law for members of state boards, committees, and commissions. (B) The committee shall meet at least once annually and at other times as may be necessary. Five members constitute a quorum for all meetings. At its initial meeting, and at the beginning of each year thereafter, the committee shall elect from its membership a chairperson to serve for a one-year term. (C) The committee shall assist and advise the Board of Medical Examiners in determining whether a specific vaccine is appropriate for administration by a pharmacist without a written order or prescription of a practitioner pursuant to Section 40-43-190. For a specific vaccine recommended by the committee to the Board of Medical Examiners, the committee also must submit a proposed written protocol for the purpose of authorizing pharmacists to administer the vaccine. Editor's Note 2024 Act No. 221, SECTION 7, provides as follows: "SECTION 7. The Joint Pharmacist Administered Vaccines Committee must submit its initial recommendations to the board no later than four months after the passage of this act, and periodically thereafter as determined by the committee." Effect of Amendment 2015 Act No. 29, SECTION 2, in (A), substituted "Joint Pharmacist Administered Vaccines Committee" for "Joint Pharmacist Administered Influenza Vaccines Committee", deleted "influenza" before "vaccines" at the end of the first sentence, and substituted "director" for "commissioner" in the third sentence; and rewrote (C). 2024 Act No. 221, SECTION 6, in (A), in the first sentence, deleted "with experience regarding vaccines" at the end; in (C), in the second sentence, deleted "as authorized by Section 40-43-190" at the end and deleted the third sentence, which provided that the committee must submit its initial recommendations to the board no later than four months after the passage of this act, and periodically thereafter as determined by the committee; and made a nonsubstantive change.
S.C. Code Ann. § 40-79-70 — SC Code / Title 40 / Chapter 79 / Section 40-79-70
SECTION 40-79-70. Powers and duties of board.
Status: in_force

In addition to the powers and duties provided in Section 40-1-70, the board may: (1) establish a time limit beyond which an initial complaint may not be considered; (2) order remedial action to be taken by an entity or individual found in violation of this chapter or a regulation promulgated pursuant to this chapter; (3) establish procedures for receiving and investigating initial complaints which protect the anonymity of the person filing the initial complaint in appropriate situations; (4) delegate the authority to the department to request any alarm business owner or registered employee to submit an updated criminal background check when there is reason to believe that a change in the individual's background record has occurred; and (5) by regulation, establish requirements for the implementation of this chapter as the board considers necessary.
S.C. Code Ann. § 40-38-10 — SC Code / Title 40 / Chapter 38 / Section 40-38-10
SECTION 40-38-10. Board of Examiners in Opticianry; membership; nominations; terms; removal.
Status: in_force

(A) There is created the South Carolina Board of Examiners in Opticianry which consists of seven members. Five members must be licensed opticians appointed by the Governor upon nomination by all licensed opticians in this State through an election conducted by the board. The Governor may reject any or all of those nominated upon satisfactory showing as to the unfitness of those rejected. If the Governor declines to appoint any of the nominees, additional nominees must be elected and submitted in the same manner as the initial nominees. Vacancies must be filled in the manner of the original appointment for the unexpired portion of the term. Two members must be members of the general public who do not derive their income or support from any optical or optical-related business or who are not related to an optician or a person engaged in an optical-related business. The members from the general public may be nominated by an individual, group, or association and appointed by the Governor in accordance with Section 40-1-45. (B) The members of the board serve terms of four years and until their successors are appointed and qualify. (C) The Governor may remove a member of the board in accordance with Section 1-3-240. No member may be removed without first giving the member an opportunity to refute the charges filed against the member, and the member must be given a copy of the charges at the time they are filed. Editor's Note Prior Laws:1982 Act No. 396, SECTION 1; 1976 Code SECTION 40-38-30.
S.C. Code Ann. § 40-8-220 — SC Code / Title 40 / Chapter 8 / Section 40-8-220
SECTION 40-8-220. Disclosure of conditions for free burial rights; basic maintenance requirements; religious code isolation designations.
Status: in_force

(A) A cemetery company which offers free burial rights to a person or group of persons, at the time of the offer, clearly shall state all conditions upon which the offer is made. (B) Cemeteries must be maintained to present a cared-for appearance including, but not limited to, shrubs and trees pruned and trimmed, flower beds weeded, drives maintained, and lawns mowed when needed equivalent to once a week during grass growing season with ample rainfall. (C) Cemetery companies may provide by their bylaws, regulations, contracts, or deeds the designations of parts of cemeteries for the specific use of persons whose religious code requires isolation.
S.C. Code Ann. § 40-47-1000 — SC Code / Title 40 / Chapter 47 / Article 7 / Section 40-47-1000
SECTION 40-47-1000. Unlicensed person holding himself out as PA; penalty; investigation; desist and refrain order; injunction; privileged communications; due process rights of respondent protected.
Status: in_force

(A) It is unlawful for a person who is not licensed under this article to hold himself out as a PA. A person who holds himself out as a PA without being licensed under this article, during a period of suspension, or after his license has been revoked by the board is guilty of a misdemeanor and, upon conviction, must be fined not more than three hundred dollars or imprisoned for not more than ninety days, or both. (B) For the purpose of any investigation or proceeding under the provisions of this article, the board or a person designated by the board may administer oaths and affirmations, subpoena witnesses, take testimony, and require the production of any documents or records which the board considers relevant to the inquiry. (C) If the board has sufficient evidence that a person is violating a provision of this article, the board, in addition to all other remedies, may order the person to immediately desist and refrain from this conduct. The board may apply to an administrative law judge as provided under Article 5, Chapter 23, Title 1 for an injunction restraining the person from this conduct. An administrative law judge may issue a temporary injunction ex parte and upon notice and full hearing may issue any other order in the matter it considers proper. No bond may be required of the board by an administrative law judge as a condition to the issuance of any injunction or order contemplated by the provisions of this section. (D) Investigations and disciplinary proceedings under this article must be conducted in accordance with the provisions of Article 1. (E) No provision of this article may be construed as prohibiting the respondent or his legal counsel from exercising the respondent's constitutional right of due process under the law or prohibiting the respondent from normal access to the charges and evidence filed against him as a part of due process under the law. Effect of Amendment 2019 Act No. 32, SECTION 2, in (A), in the first and second sentences, substituted "PA" for "physician assistant"; and in (C), substituted "Article 5, Chapter 23, Title 1" for "Article 5 of Chapter 23 of Title 1".
S.C. Code Ann. § 40-47-700 — SC Code / Title 40 / Chapter 47 / Article 6 / Section 40-47-700
SECTION 40-47-700. Citation of article.
Status: in_force

This article may be cited as the "Acupuncture Act of South Carolina".
S.C. Code Ann. § 40-11-5 — SC Code / Title 40 / Chapter 11 / Article 1 / Section 40-11-5
SECTION 40-11-5. Application of chapter; conflict of laws.
Status: in_force

Unless otherwise provided for in this chapter, Article 1, Chapter 1, Title 40 applies to licensed contractors; however, if there is a conflict between this chapter and Article 1, Chapter 1, Title 40, the provisions of this chapter control.
S.C. Code Ann. § 40-28-140 — SC Code / Title 40 / Chapter 28 / Section 40-28-140
SECTION 40-28-140. Board may impose sanctions for violations.
Status: in_force

Upon determination by the board that one or more of the grounds for discipline exists, the board may impose a sanction pursuant to Sections 40-1-110 and 40-1-120.
S.C. Code Ann. § 40-47-1560 — SC Code / Title 40 / Chapter 47 / Article 10 / Section 40-47-1560
SECTION 40-47-1560. Authorized tasks and services; supervision by cardiologist; written protocols.
Status: in_force

(A) Cardiovascular invasive specialists may perform medical tasks and services within the framework of a facility's written practice protocol developed for the cardiovascular invasive specialist. Within this practice protocol the registered cardiovascular invasive specialist, under the supervision of a cardiologist may engage in these functions and duties: (1) perform baseline patient assessment; (2) evaluate patient response to diagnostic or interventional maneuvers and medications during cardiac catheterization laboratory procedures; (3) provide patient care and drug administration commonly used in the cardiac catheterization laboratory under the direction of a qualified physician and subject to the oversight of the facility; (4) act as the first assistant during diagnostic and therapeutic catheterization procedures; and (5) assist in advanced cardiac life support procedures. (B) A cardiovascular invasive specialist shall practice only under the supervision of a physician who is actively and directly engaged in the clinical practice of medicine as a cardiologist. (C) A cardiovascular invasive specialist practicing at all sites shall practice pursuant to written scope of the facility's practice protocols signed by all supervising cardiologists and the cardiovascular invasive specialists. Copies of the protocols must be on file at all practice sites. The protocols shall include at a minimum the: (1) name, license number, and practice addresses of the supervising cardiologists; (2) name and practice address of the cardiovascular invasive specialists; (3) date the protocol was developed and dates it was reviewed or amended; (4) situations that require direct evaluation by or immediate referral to a cardiologist.
S.C. Code Ann. § 40-8-160 — SC Code / Title 40 / Chapter 8 / Section 40-8-160
SECTION 40-8-160. Dissemination of order finding basis for disciplinary action; fine.
Status: in_force

Upon a determination by the board that one or more of the grounds for disciplining a licensee exist, as provided for in Sections 40-8-150 and 40-1-110, the board may, in addition to the actions provided for in Section 40-1-120, impose a fine not to exceed ten thousand dollars. All final orders which are made public must be mailed to local and state professional associations, all firms and facilities with which the respondent is associated, states where the person has a license known to the board, and to any other source to which the board wishes to furnish this information.
S.C. Code Ann. § 40-9-40 — SC Code / Title 40 / Chapter 9 / Section 40-9-40
SECTION 40-9-40. Qualifications of applicants for licenses.
Status: in_force

No person may be granted a license to engage in the practice of chiropractic unless he presents proof that he has at least two years of pre-professional college credits from a college or university accredited by the Southern Association of Colleges and Schools or an accrediting agency of equal status and recognition and that he is a graduate of a chiropractic college which is accredited by or has recognized candidate status with the Council on Chiropractic Education or with the Commission on Accreditation of the Straight Chiropractic Academic Standards Association or meets equivalent standards.
S.C. Code Ann. § 40-3-100 — SC Code / Title 40 / Chapter 3 / Section 40-3-100
SECTION 40-3-100. Enjoining violations of chapter.
Status: in_force

In addition to other remedies provided in this chapter or Article 1, Chapter 1, the board in accordance with Section 40-1-100 also may issue a cease and desist order or may petition an administrative law judge for a temporary restraining order or other equitable relief to enjoin a violation of this chapter. Editor's Note Prior Laws:1957 (50) 258; 1962 Code SECTION 56-62.1; 1984 Act No. 503, SECTION 1; 1993 Act No. 181, SECTION 856; 1976 Code SECTION 40-3-140.
S.C. Code Ann. § 40-55-180 — SC Code / Title 40 / Chapter 55 / Article 1 / Section 40-55-180
SECTION 40-55-180. Areas of specialization.
Status: in_force

The board shall determine areas of specialization of the applicant to practice psychology from one or more of the following areas: (1) clinical, (2) counseling, (3) industrial/organizational, (4) community, (5) school, (6) social, and (7) experimental psychology. The board shall inform the applicant of its decision and instruct the applicant to limit his professional activity and advertisement to the area assigned him.
S.C. Code Ann. § 40-81-390 — SC Code / Title 40 / Chapter 81 / Section 40-81-390
SECTION 40-81-390. Judge licenses.
Status: in_force

In order to be licensed as a judge, an applicant: (1) shall submit a completed application with payment of the prescribed fee; (2) shall successfully pass a commission-approved written examination. A judge who has a license in good standing in this or any other state or jurisdiction may obtain a South Carolina license without taking and passing the commission-approved written examination.
S.C. Code Ann. § 40-3-50 — SC Code / Title 40 / Chapter 3 / Section 40-3-50
SECTION 40-3-50. Administrative support for board; fees.
Status: in_force

(A) The Department of Labor, Licensing and Regulation shall provide all administrative, fiscal, investigative, inspectional, clerical, secretarial, and license renewal operations and activities of the board in accordance with Section 40-1-50. (B) Fees for examination, licensure, renewal, and other assessments must be established by the board in regulation. Applicants must be notified of the fee amount before payment.
S.C. Code Ann. § 40-65-150 — SC Code / Title 40 / Chapter 65 / Section 40-65-150
SECTION 40-65-150. Voluntary surrender of license or certification when under investigation for violation.
Status: in_force

A licensee or a person holding a certification under investigation for a violation of this chapter or a regulation promulgated pursuant to this chapter may voluntarily surrender the license or certification in accordance with and subject to the provisions of Section 40-1-150.
S.C. Code Ann. § 40-65-140 — SC Code / Title 40 / Chapter 65 / Section 40-65-140
SECTION 40-65-140. Criminal record grounds for denial of license or certification.
Status: in_force

A license or certification may be denied based on a person's prior criminal record only as provided in Section 40-1-140.
S.C. Code Ann. § 40-45-60 — SC Code / Title 40 / Chapter 45 / Article 1 / Section 40-45-60
SECTION 40-45-60. Adoption of rules and regulations; seal.
Status: in_force

(A) The board may adopt rules governing its proceedings and may promulgate regulations necessary to carry out the provisions of this chapter including, but not limited to, promulgation of regulations for the practice of physical therapy, determining the qualifications and requirements for licensure, establishing a code of ethics binding on persons licensed under or subject to this chapter, and establishing disciplinary procedures. (B) The board may have and use an official seal bearing the words "State Board of Physical Therapy Examiners in South Carolina". Editor's Note Prior Laws:1962 Code SECTIONS 56-1339, 56-1340; 1952 (47) 1967; 1982 Act No. 413, SECTION 7; 1976 Code SECTION 40-45-50.
S.C. Code Ann. § 40-3-115 — SC Code / Title 40 / Chapter 3 / Section 40-3-115
SECTION 40-3-115. Jurisdiction over actions of licensees.
Status: in_force

The board has jurisdiction: (1) over practice undertaken by nonlicensed individuals and firms and the actions committed or omitted by current and former licensees during the entire period of licensure; and (2) to act on any matter that arises during the practice authorization period of licensed practitioners and firms, as provided for in Section 40-1-115. Effect of Amendment 2018 Act No. 138, SECTION 2, rewrote the section.
S.C. Code Ann. § 40-77-320 — SC Code / Title 40 / Chapter 77 / Section 40-77-320
SECTION 40-77-320. 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. § 40-77-270 — SC Code / Title 40 / Chapter 77 / Section 40-77-270
SECTION 40-77-270. Registration eligibility of nonpracticing geologists.
Status: in_force

A person having the necessary qualifications prescribed in this chapter is eligible for registration although the person may not be practicing the profession at the time of making application.
S.C. Code Ann. § 40-28-120 — SC Code / Title 40 / Chapter 28 / Section 40-28-120
SECTION 40-28-120. Cease and desist orders and equitable relief.
Status: in_force

Cease and desist orders and equitable relief may be obtained in accordance with Section 40-1-100.
S.C. Code Ann. § 40-13-250 — SC Code / Title 40 / Chapter 13 / Section 40-13-250
SECTION 40-13-250. Biennial renewal of licenses; expiration; reinstatement; reexamination; inactive licenses.
Status: in_force

(A) The holder of an individual license issued by the board biennially, on such date as may be designated by the board, shall renew his license and pay the renewal fee and furnish proof to the board that he has completed continuing education approved by the board. A person who has held a license for at least fifteen consecutive years and is sixty years of age or older or who has held continuous licensure for at least thirty years, is fifty years of age, and who has not been disciplined by the board is exempt from taking continuing education courses. Upon approval by the board and submission of an attendance form prescribed by the board, a person may obtain continuing education credit by attendance at trade show cosmetology-related instructional programs. (B) A license to practice or teach cosmetology which has not been renewed before the date designated by the board expires on that date. The holder of an expired license may have the license restored within three years of the date of the expiration upon payment of the required renewal fee and satisfactory proof of his or her qualifications to resume practicing. The reinstatement fee must be established by the board in regulation. (C) If a license has been expired for more than three years, the board shall conduct reexamination of the applicant before issuing a new license. The examination may include practical demonstrations and written tests that the board determines to be necessary. (D) A licensee may place a license on inactive status by completing and submitting a board-approved form to the board office. In order to maintain inactive status, a licensee must renew the license biennially by payment of the renewal fee as provided by regulation. The licensee may not receive any license or other authorization to practice during the inactive period. An individual seeking to reactivate a license shall complete an application, submit the required fee, and comply with continuing education requirements as provided by regulation. (E) The holder of a license for a salon or a school shall renew the license biennially on a date set by the board by the payment of a renewal fee established by the board in regulation. (F) Application for renewal of a school license must be accompanied by proof of continued validation of the applicant's surety bond. Editor's Note Prior Laws:1934 (38) 1349; 1942 Code SECTION 5250-23; 1952 Code SECTION 56-475; 1962 Code SECTION 56-475; 1982 Act No. 388; 1976 Code SECTION 40-13-240.
S.C. Code Ann. § 40-79-230 — SC Code / Title 40 / Chapter 79 / Section 40-79-230
SECTION 40-79-230. Application for license; who must sign; what must be submitted.
Status: in_force

(A) An entity desiring to carry on or engage in an alarm system business shall submit an application to the Department of Labor, Licensing and Regulation. The owner, partners, or president, as appropriate, must sign the application. The primary qualifying party must also sign the application. (B) To qualify for a license, the applicant must: (1) submit a completed application as prescribed by the board; (2) satisfy the examination requirements prescribed by the board; (3)(a) for burglar alarms, take the Level I training course and receive a certificate of completion from the National Training School; or (b) for fire alarms, take the Level I training course and receive a certificate of completion from the National Training School or take the Level II training course and receive a certificate of completion from the National Institute for Certification in Engineering Technologies; (4) submit proof that the applicant's primary qualifying party is a full- time employee in a management position; (5) submit a criminal background check of the entity's principal officers, all qualifying parties, and registered employees. The background check must indicate that these individuals are at least eighteen years of age and have not been convicted of any criminal act or committed any acts which are grounds for the denial of a license under this chapter; (6) submit all documentation required by the department pursuant to the requirements of this chapter; (7) pay all fees; (8) the applicant must submit a list of all qualifying parties, registered employees, and branch offices in order to be licensed by the department; (9) upon the cancellation of an alarm license, the licensee must complete an initial application, pay the appropriate fees, and be issued a new license number; and (10) the department may provide for an alarm system business license that permits the holder to participate in the burglar alarm system or fire alarm system business, or both. Editor's Note Prior Laws:1986 Act No. 512, SECTION 5; 1987 Act No. 175, SECTIONS 2, 6, 7; 1992 Act No. 360, SECTION 3; 1994 Act No. 515, SECTION 2; 1976 Code SECTION 40-79-50.
S.C. Code Ann. § 40-81-490 — SC Code / Title 40 / Chapter 81 / Section 40-81-490
SECTION 40-81-490. Medical compliance required of promoter; ringside physicians; emergency medical technicians.
Status: in_force

It is the responsibility of the promoter or the promoter's representative to ensure compliance with the following requirements: (1) The ringside physician shall physically examine each contestant in a boxing event or exhibition not less than twenty-four hours before the event or exhibition and document the results of the examination on a form provided by the commission which must be filed with the commission. The ringside physician must be provided with the current Association of Boxing Commissions' Ringside Physicians Manual and shall follow its guidelines at the event or exhibition. The documentation shall indicate that the contestant is eligible to compete or participate. The ringside physician may examine a contestant at any time he feels it necessary and may direct the referee to halt a bout if in his opinion the contestant is unable to continue. The ringside physician may require a post fight evaluation of any contestant. A contestant who loses by knockout or technical knockout must be evaluated post fight by the ringside physician. The ringside physician must be certified to administer advanced cardiac life support and must be present at ringside during each bout of the event or exhibition. At least two certified emergency medical technicians must be present at ringside during each bout of the event or exhibition. In addition, the emergency medical technicians shall have proper medical equipment including, but not limited to, an ambulance that is present during the entire event or exhibition. (2) No event or exhibition may proceed in violation of this section. Failure to comply imperatively requires emergency action and the summary suspension of the event or exhibition permit until full compliance with this section is attained.
S.C. Code Ann. § 40-85-40 — SC Code / Title 40 / Chapter 85 / Section 40-85-40
SECTION 40-85-40. Applicant requirements; limited licenses.
Status: in_force

(A) A person desiring to be licensed as a genetic counselor under this chapter shall apply to the department on a form approved by the board. (B) The board shall license an applicant who: (1) has completed the application form and remitted the required fees; (2) is of good moral character; (3) provides satisfactory documentation of having earned: (a) a master's degree from a genetic counseling training program accredited by the ACGC or an equivalent program as determined by the board; and (b) ABGC certification. (C) The board may issue a limited license to a limited licensee applicant who meets all of the requirements for licensure except the certification requirement in this section and has obtained active candidate status establishing eligibility to sit for the certification examination administered by the ABGC or ACGC. A limited license shall expire automatically upon the earliest of: (1) issuance of a full license; (2) thirty days after the applicant fails to pass the certification examination; or (3) one year from the date the limited license was issued. (D) An applicant may be licensed pursuant to this chapter if he demonstrates to the satisfaction of the board that he is licensed or registered under the laws of another state, territory, or jurisdiction of the United States which, in the opinion of the board, imposes substantially the same licensing requirements as this chapter. (E) The board shall not issue a permanent license to a licensed or registered genetic counselor of another state or territory of the United States: (1) whose license is currently revoked, suspended, restricted in any way, or on probationary status in that state or territory; or (2) who currently has a disciplinary action pending in another state or territory. Editor's Note 2024 Act No. 187, SECTION 3, provides as follows: "SECTION 3. The initial license fee is six hundred dollars. The license fee is subject to change in regulation in accordance with the provisions of Section 40-1-50, as added to the S.C. Code by this act. The department may establish and adjust application fees, license renewal fees, late fees, reinstatement fees, and other related fees in regulation. The department shall only establish fees at levels which are adequate to ensure the continued operation of the regulatory program established in this act and may not set or maintain fees that substantially exceed this need."
S.C. Code Ann. § 40-45-520 — SC Code / Title 40 / Chapter 45 / Article 3 / Section 40-45-520
SECTION 40-45-520. Definitions.
Status: in_force

As used in this article: (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. Section 1209 and 1211. (2) "Adverse action" means disciplinary action taken by a physical therapy licensing board based upon misconduct, unacceptable performance, or a combination of both. (3) "Alternative program" means a nondisciplinary monitoring or practice remediation process approved by a physical therapy licensing board. This includes, but is not limited to, substance abuse issues. (4) "Compact privilege" means the authorization granted by a remote state to allow a licensee from another member state to practice as a physical therapist or work as a physical therapist assistant in the remote state under its laws and rules. The practice of physical therapy occurs in the member state where the patient/client is located at the time of the patient/client encounter. (5) "Continuing competence" means a requirement, as a condition of license renewal, to provide evidence of participation in, and/or completion of, educational and professional activities relevant to practice or area of work. (6) "Data system" means a repository of information about licensees, including examination, licensure, investigative, compact privilege, and adverse action. (7) "Encumbered license" means a license that a physical therapy licensing board has limited in any way. (8) "Executive board" means a group of directors elected or appointed to act on behalf of, and within the powers granted to them by, the commission. (9) "Home state" means the member state that is the licensee's primary state of residence. (10) "Investigative information" means information, records, and documents received or generated by a physical therapy licensing board pursuant to an investigation. (11) "Jurisprudence requirement" means the assessment of an individual's knowledge of the laws and rules governing the practice of physical therapy in a state. (12) "Licensee" means an individual who currently holds an authorization from the state to practice as a physical therapist or to work as a physical therapist assistant. (13) "Member state" means a state that has enacted the compact. (14) "Party state" means any member state in which a licensee holds a current license or compact privilege or is applying for a license or compact privilege. (15) "Physical therapist" means an individual who is licensed by a state to practice physical therapy. (16) "Physical therapist assistant" means an individual who is licensed/certified by a state and who assists the physical therapist in selected components of physical therapy. (17) "Physical therapy", "physical therapy practice", and "the practice of physical therapy" mean the care and services provided by or under the direction and supervision of a licensed physical therapist. (18) "Physical Therapy Compact Commission" or "Commission" means the national administrative body whose membership consists of all states that have enacted the compact. (19) "Physical therapy licensing board" or "licensing board" means the agency of a state that is responsible for the licensing and regulation of physical therapists and physical therapist assistants. (20) "Remote state" means a member state other than the home state, where a licensee is exercising or seeking to exercise the compact privilege. (21) "Rule" means a regulation, principle, or directive promulgated by the commission that has the force of law. (22) "State" means any state, commonwealth, district, or territory of the United States of America that regulates the practice of physical therapy.
S.C. Code Ann. § 40-20-80 — SC Code / Title 40 / Chapter 20 / Section 40-20-80
SECTION 40-20-80. Renewal of license; late fees; inactive status; reinstatement and expiration.
Status: in_force

(A) The panel may recommend additional requirements for license renewal to obtain evidence of a dietitian's continued competency. The department may provide for the late renewal of a license upon payment of a late fee. (B) A license automatically reverts to inactive status if the licensee fails to timely comply with this subsection and only may be reinstated upon application and payment of any fees and after having met any additional requirements which the department may establish in regulation including, but not limited to, continuing competency requirements. (C) A license which has been inactive for more than four years automatically expires if the person has not made application for renewal of the license. An expired license is null and void without any further action by the department.
S.C. Code Ann. § 40-59-540 — SC Code / Title 40 / Chapter 59 / Article 3 / Section 40-59-540
SECTION 40-59-540. Application; examination; regulations establishing minimum standards.
Status: in_force

(A) A person desiring to be licensed as a home inspector shall submit written application to the commission on forms as the commission prescribes. Upon the submission of a completed application form and the payment of the fee required by the commission, the applicant is entitled to take the home inspector licensing examination as prescribed by the commission. Upon successful completion of the examination, the commission shall issue the applicant a license authorizing the applicant to engage in the business of home inspection in this State. The issuance of a license is evidence that the licensee is entitled to all the rights and privileges of a licensed home inspector while the license remains active. (B) The commission shall promulgate regulations to establish the minimum qualifications and uniform criteria for the granting of a home inspector license. Editor's Note Prior Laws:1994 Act No. 463, SECTION 3; 1976 Code SECTION 40-59-240.
S.C. Code Ann. § 40-67-170 — SC Code / Title 40 / Chapter 67 / Article 1 / Section 40-67-170
SECTION 40-67-170. Payment of investigation and prosecution costs.
Status: in_force

A person found in violation of this chapter or regulations promulgated under this chapter may be required to pay costs associated with the investigation and prosecution of the case in accordance with Section 40-1-170. Editor's Note Prior Laws:1962 Code SECTION 56-1549.17; 1973 (58) 773; 1993 Act No. 181, SECTION 948.
S.C. Code Ann. § 40-47-220 — SC Code / Title 40 / Chapter 47 / Article 1 / Section 40-47-220
SECTION 40-47-220. Severability.
Status: in_force

If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
S.C. Code Ann. § 40-35-70 — SC Code / Title 40 / Chapter 35 / Section 40-35-70
SECTION 40-35-70. Additional powers and duties of the board.
Status: in_force

In addition to the powers and duties provided for in this chapter, the board has those powers and duties set forth in Chapter 1. Editor's Note Prior Laws:1997 Act No. 66, SECTION 1.
S.C. Code Ann. § 40-55-390 — SC Code / Title 40 / Chapter 55 / Article 3 / Section 40-55-390
SECTION 40-55-390. Coordinated licensure information system.
Status: in_force

(A) The commission shall provide for the development and maintenance of a coordinated licensure information system (coordinated database) and reporting system containing licensure and disciplinary action information on all psychologists to whom this compact is applicable in all compact states as defined by the rules of the commission. (B) Notwithstanding any other provision of state law to the contrary, a compact state shall submit a uniform data set to the coordinated database on all licensees as required by the rules of the commission, including: (1) identifying information; (2) licensure data; (3) significant investigatory information; (4) adverse actions against a psychologist's license; (5) an indicator that a psychologist's authority to practice interjurisdictional telepsychology, temporary authorization to practice, or both, is revoked; (6) nonconfidential information related to alternative program participation information; (7) any denial of application for licensure, and the reasons for such denial; and (8) other information which may facilitate the administration of this compact, as determined by the rules of the commission. (C) The coordinated database administrator promptly shall notify all compact states of any adverse action taken against, or significant investigative information on, any licensee in a compact state. (D) Compact states reporting information to the coordinated database may designate information that may not be shared with the public without the express permission of the compact state reporting the information. (E) Any information submitted to the coordinated database that is subsequently required to be expunged by the law of the compact state reporting the information shall be removed from the coordinated database.
S.C. Code Ann. § 40-11-560 — SC Code / Title 40 / Chapter 11 / Article 3 / Section 40-11-560
SECTION 40-11-560. Mechanic's liens.
Status: in_force

Notwithstanding the provisions of this article, a person may file and perfect a mechanic's lien in accordance with Chapter 5 of Title 29 of the South Carolina Code, and nothing in this article shall affect or impair a person's ability to preserve and protect his right to file, perfect, or foreclose on a mechanic's lien.
S.C. Code Ann. § 40-60-200 — SC Code / Title 40 / Chapter 60 / Article 1 / Section 40-60-200
SECTION 40-60-200. Advertising or engaging in business of appraising without license; penalties.
Status: in_force

(A) It is unlawful for a person, directly or indirectly, to engage in or conduct the business of or to advertise or hold himself out as engaging in or conducting the business of or to act in the capacity of, an appraiser within this State without first obtaining a permit, license, or certification as provided in this chapter. (B) A person acting as an appraiser within the meaning of this chapter without a permit, license, or certification is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than six months, or both. (C) An appraiser who fails to renew a license or certification and who continues to engage in appraisal activities or business is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than six months, or both. Editor's Note Prior Laws:2000 Act No. 335, SECTION 1; 1976 Code SECTION 40-60-210.
S.C. Code Ann. § 40-38-250 — SC Code / Title 40 / Chapter 38 / Section 40-38-250
SECTION 40-38-250. Apprentices and apprenticeships; promulgation of regulations.
Status: in_force

The board shall promulgate regulations for apprentice registration requirements and fees and for the regulation of apprentices and apprenticeships.
S.C. Code Ann. § 40-69-130 — SC Code / Title 40 / Chapter 69 / Article 1 / Section 40-69-130
SECTION 40-69-130. Denial of licensure.
Status: in_force

As provided for in Section 40-1-130, the board may deny licensure to an applicant based on the same grounds for which the board may take disciplinary action against a licensee.
S.C. Code Ann. § 40-22-290 — SC Code / Title 40 / Chapter 22 / Section 40-22-290
SECTION 40-22-290. TIER A surveying; exclusions.
Status: in_force

The practice of TIER A surveying does not include: (1) the creation of nontechnical maps: (a) prepared by private firms or government agencies for use as guides to motorists, boaters, aviators, or pedestrians; (b) prepared for publication in a gazetteer or atlas as an education tool or reference publication; (c) prepared for or by educational institutions for use in the curriculum of any course of study or academic research; (d) produced by any broadcast or print media firm as an illustrative guide to the geographic location of any event; (e) prepared by lay persons for conversational or illustrative purposes, including advertising material and use guides; (2) the transcription of existing documents or land records into geographic information systems/land information systems by manual or electronic means; (3) the transcription of public record data into a cadastre (tax maps and associated records) and the maintenance of that cadastre by either manual or electronic means, including tax maps and zoning maps; (4) the use of all documents or databases prepared by any federal agency and documents or databases using federal data by any person to prepare documents and databases including, but not limited to, federal and military versions of quadrangle topographic maps, military maps, and satellite imagery; (5) the use of all civilian or commercial remotely-sensed satellite data; (6) all maps and databases created by any firm, in either hardcopy or electronic form, by full-time employees of that firm, of features that are wholly contained within properties that the firm owns, leases, rents, or has exclusive use or shared easement to, are exempt from the definition of surveying. This exclusion includes public and private utility companies preparing inventory maps of their facilities as long as those maps and databases are not provided to anyone outside the company with any data that illustrates property ownership lines of property the firm does not own, lease, rent, or on which they have exclusive use or shared easement; (7) the creation of maps and databases depicting the distribution of natural or cultural resources prepared by foresters, geologists, soil scientists, geophysicists, biologists, geographers, archeologists, historians, urban and regional planners, or other individuals qualified to prepare such maps as long as any property boundaries shown are either supplied by a professional surveyor or transcribed from public deed or plat records converted from tax maps or cadastre, or are clearly not intended to serve as legal property boundaries; (8) the creation of all maps and geo-referenced databases depicting physical features and events prepared by any government agency where the access to that data is restricted by statute, including geo-referenced data generated by law enforcement agencies involving crime statistics and criminal activities; (9) the work of any official or employee of a political subdivision of this State while in the performance of their official duties involving Emergency 911 mapping, land use mapping, property tax mapping, remote sensing and implementation, maintenance, creation, and distribution of mapping grade GIS data as part of a political subdivision's geographic information system. Effect of Amendment 2016 Act No. 259, SECTION 16, in (1), inserted "nontechnical", and in (1)(c), substituted "educational institutions" for "education institutions".
S.C. Code Ann. § 40-67-280 — SC Code / Title 40 / Chapter 67 / Article 1 / Section 40-67-280
SECTION 40-67-280. Activation of inactive license.
Status: in_force

To activate an inactive license, an individual shall submit a form approved by the board and evidence attesting to his satisfactory completion of sixteen hours of approved continuing education or 1.6 CEUs for each two years of inactive licensure. Effect of Amendment 2014 Act No. 167, SECTION 5, inserted "a form approved by the board and". 2019 Act No. 34, SECTION 4, substituted "shall" for "must"; inserted "or 1.6 CEUs" following "approved continuing education", and made nonsubstantive changes.
S.C. Code Ann. § 40-23-200 — SC Code / Title 40 / Chapter 23 / Section 40-23-200
SECTION 40-23-200. Unauthorized practice; penalty.
Status: in_force

A person who practices or offers to practice in this State in violation of this chapter or a regulation promulgated under this chapter or who knowingly submits false information for the purpose of obtaining a license is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than one year or fined not more than one thousand dollars, or both.
S.C. Code Ann. § 40-85-220 — SC Code / Title 40 / Chapter 85 / Section 40-85-220
SECTION 40-85-220. Petition by department for injunctive relief.
Status: in_force

The department, on behalf of the board and in accordance with Section 40-1-120, may petition an administrative law judge, in the name of the State, for injunctive relief against a person violating this chapter.
S.C. Code Ann. § 40-3-30 — SC Code / Title 40 / Chapter 3 / Section 40-3-30
SECTION 40-3-30. Licensing, certificate of authorization, and registration requirements.
Status: in_force

(A) No individual may engage in the practice of architecture without a license issued in accordance with this chapter. An individual is considered to engage in the practice of or offer to engage in the practice of architecture who in any manner represents himself to be an architect or who performs or holds himself out as able to perform any architectural service or other services recognized by educational authorities as architecture. (B) Only an individual licensed under this chapter may use the title "architect". An individual assuming the title of architect or engaging in the practice of architecture in this State must be skilled in the principles of design and construction so that the individual may be entrusted with the design and review of construction of buildings without undue risk to the public safety. Before assuming the title "architect" or undertaking the work, the individual shall have a certificate of registration from the board. (C) A firm offering to engage in the practice of architecture in this State must have a certificate of authorization issued by the board before undertaking architectural work. Each firm must employ one or more architects registered in this State who are designated as being in full authority and responsible charge of the architectural practice. Additionally, all personnel of the firm who act in its behalf as architects in this State must be registered under this chapter and must hold a current registration. If there is a change in ownership, management, or the architect in responsible charge during the year, the change must be filed with the board within thirty days. (D) It is unlawful for an individual or firm to engage in the practice of architecture in this State, to use the title "architect", or to use or display any title, sign, word, card, advertisement, or other device or method to indicate that the individual or firm engages in or offers to engage in the practice of architecture or is an architect, without being registered as an architect or firm. Editor's Note Prior Laws:1917 (30) 198; Civ. C. '22 SECTION 2878; 1922 (32) 823; 1932 Code SECTION 7055; 1942 Code SECTION 7055; 1952 Code SECTION 56-51; 1957 (50) 258; 1962 Code SECTION 56-51; 1966 (54) 2161; 1984 Act No. 503, SECTION 1; 1976 Code SECTION 40-3-20.
S.C. Code Ann. § 40-77-80 — SC Code / Title 40 / Chapter 77 / Section 40-77-80
SECTION 40-77-80. Complaints and violations of chapter; investigation.
Status: in_force

The Department of Labor, Licensing and Regulation shall investigate complaints and violations of this chapter as provided for in Section 40-1-80.
S.C. Code Ann. § 40-82-90 — SC Code / Title 40 / Chapter 82 / Section 40-82-90
SECTION 40-82-90. Investigation results and hearings.
Status: in_force

The results of an investigation must be presented to the board, and any subsequent hearing must be conducted in accordance with Section 40-1-90.
S.C. Code Ann. § 40-55-40 — SC Code / Title 40 / Chapter 55 / Article 1 / Section 40-55-40
SECTION 40-55-40. Powers and duties of board.
Status: in_force

The board shall: (a) Annually elect a chairman and such other officers as it may deem necessary; (b) Hold at least one regular meeting each year and such additional meetings as called by the chairman or upon written request of any two members; (c) Adopt a seal which must be affixed to all licenses issued; (d) Adopt from time to time such rules and regulations as it may deem necessary for the performance of its duties; (e) Make an annual report according to the provisions of Chapter 73 of Title 40, Code of 1976; and (f) Prescribe, pursuant to the Administrative Procedures Act, fees for application for examination, initial license, renewal of license, and late renewal. Each member of the board may receive for his services and expenses such per diem and mileage as is provided by law for members of state boards, commissions, and committees. All revenues and income from licenses, examination fees, other fees, sale of commodities and services, and income derived from any board source or activity shall be remitted to the State Treasurer as collected, when practicable, but at least once each week, and shall be credited to the General Fund of the State. All assessments, fees, or licenses shall be levied in an amount sufficient to at least equal the amount appropriated in the annual general appropriation act for the board, plus any additional funds allocated by the Department of Administration for implementation of the State's Personnel Compensation Plan. Code Commissioner's Note At the direction of the Code Commissioner, references in this section to the offices of the former State Budget and Control Board, Office of the Governor, or other agencies, were changed to reflect the transfer of them to the Department of Administration or other entities, pursuant to the directive of the South Carolina Restructuring Act, 2014 Act No. 121, SECTION 5(D)(1), effective July 1, 2015.
S.C. Code Ann. § 40-11-230 — SC Code / Title 40 / Chapter 11 / Article 1 / Section 40-11-230
SECTION 40-11-230. Certification as qualifying party.
Status: in_force

(A) To qualify for certification as a qualifying party, an applicant must: (1) submit a completed application on a form approved by the board and pay all applicable examination fees to the examination provider; (2) submit proof of having attained a grade of seventy percent or better on a technical examination where required for each classification or subclassification of licensure applied for; and (3) attain a grade of seventy percent or better on an examination of South Carolina law regulating general and mechanical contracting. An individual may only take an examination in a license classification or subclassification two times in a twelve-month period and thereafter only once in six months. An individual may take an examination and be issued a certificate in any license classification or subclassification regardless of their current place of employment. Upon fulfillment of all requirements of this subsection, the department shall issue a qualifying party a certificate which shall include the individual's full name, certificate number, and classifications or subclassification for which the individual is certified. An applicant who has not been certified as a qualifying party for four or more consecutive years must take and pass the technical or Code of Laws examination, or both, as required by the board. An individual may only serve as qualifying party for one licensee with the exception as provided in subsection (C). (B) To become designated by an entity as a primary qualifying party, an individual must meet all of the following: (1) hold a valid certificate issued pursuant to this chapter; (2) submit an affidavit verifying employment from former or current employers for whom the applicant was employed full-time for at least two years within the previous five years in the license classification or subclassification for which application is made or submit additional proof of employment experience as approved by the board; (3) submit documentation as approved by the board that they serve in a management capacity for the applicant and are actively involved in management, supervision, and operations for the work undertaken by the applicant. The primary qualifying party must be an integral party of the applicant's business and the work undertaken by the applicant. A primary qualifying party may not take other employment that would conflict with the duties as primary qualifying party or diminish the ability to adequately supervise work performed by the licensee. An individual desiring to be certified and serve as a primary qualifying party for a license group one, two, or three general contractor licensed pursuant to Section 40-11-410(A) must pass either the limited building contractor examination or the unlimited general contractor examination. Structures built by licensees for which the primary qualifying party has taken and passed the limited building contractor examination are restricted to three stories in height. An individual desiring to be certified and serve as a primary qualifying party for a license group four or five general contractor licensed pursuant to Section 40-11-410(A) must pass the unlimited general contractor examination. When a primary qualifying party ceases to serve as a primary qualifying party for a licensee, the licensee or the primary qualifying party shall notify the department in writing within fifteen days of the disassociation. If the licensee or primary qualifying party notifies the department within the prescribed time, the license remains in good standing for ninety days from the date the department receives notice of the disassociation. Failure to notify the department within fifteen days of a primary qualifying party's disassociation may result in license and certificate cancellation. If, after properly notifying the department of disassociation, the licensee fails to designate a replacement primary qualifying party pursuant to the requirements of this chapter within ninety days, the department shall suspend the licensee's license until a primary qualifying party is designated pursuant to the requirements of this chapter. (C) If a qualifying party desires to serve as primary qualifying party for two entities, both entities must engage in business from the same physical location. The qualifying party must: (1) be involved in the operation of both entities on a daily basis; (2) derive a livelihood from the operation of both entities; (3) have ownership in both entities with at least fifty percent ownership in one of the entities. (D) Building officials or other individuals who have or are able to meet the requirements of a qualifying party and are employed by an unlicensed entity that is actively associated with the construction industry may retain qualifying party status. Effect of Amendment 2023 Act No. 69, SECTION 6, in (B), inserted "meet all of the following", rewrote (3), in the fourth undesignated paragraph, in the second sentence, inserted "or primary qualifying party", and in the third sentence, substituted "may result" for "results in automatic", and made nonsubstantive changes.
S.C. Code Ann. § 40-11-310 — SC Code / Title 40 / Chapter 11 / Article 1 / Section 40-11-310
SECTION 40-11-310. Employee of entity barred from project subject to regulation or ownership by that entity.
Status: in_force

No entity or employee of an entity who has the responsibility to regulate, inspect, approve, or certify construction shall engage in the construction of a project that is subject to regulation or ownership by that entity. This section does not apply to a member of the board when performing construction subject to this chapter or to contractors who are also performing construction management services for an owner.
S.C. Code Ann. § 40-67-230 — SC Code / Title 40 / Chapter 67 / Article 1 / Section 40-67-230
SECTION 40-67-230. Notarized application for licensure; fee and documentation of eligibility.
Status: in_force

An individual applying for a license as a speech-language pathologist or audiologist must file a notarized application with the board. Each application must be accompanied by the appropriate fee and documentation of eligibility as prescribed by the board. Editor's Note Prior Laws:1962 Code SECTION 56-1549.11; 1973 (58) 773; 1976 Code SECTION 40-67-120.
S.C. Code Ann. § 40-33-190 — SC Code / Title 40 / Chapter 33 / Article 1 / Section 40-33-190
SECTION 40-33-190. Matters relating to complaint and proceeding privileged.
Status: in_force

(A) No person connected with any complaint, investigation, or other proceeding before the board including, but not limited to, a witness, counsel, counsel's secretary, board member, board employee, court reporter, or investigator may mention the existence of the complaint, investigation, or other proceeding, disclose any information pertaining to the complaint, investigation, or other proceeding, or discuss any testimony or other evidence in the complaint, investigation, or proceeding, and then only to the extent necessary for the proper disposition of the complaint, investigation, or other proceeding. (B) Every communication, oral or written, to the board, department, staff, counsel, or any other person acting on behalf of the board or department during the investigation, hearing, or adjudication of the disciplinary matters including, but not limited to, investigative reports concerning interviews and issues under investigation, correspondence, summaries, incident reports, computer printouts, and documents created during peer review proceedings are privileged and these persons are immune from liability. (C) Information that has been declared confidential or personal under this chapter or other applicable law must not be disclosed, except to the extent necessary for the proper disposition of the matter before the board, and is protected in the same manner as provided in Section 40-71-20, or as otherwise provided by law. (D) The identity of the initial complainant and any confidential informants or other witnesses who do not testify must not be disclosed to other parties, entities, or persons, and all information contained in confidential investigative files is privileged from disclosure for any reason whatsoever, except as provided for in subsection (E). (E) Whenever the department receives information indicating a violation of state or federal law, the department may provide that information, to the extent the department considers necessary, to the appropriate state or federal law enforcement or regulatory body. (F) No information in investigative files or disciplinary proceedings is required to be expunged pursuant to any other provision of state law.
S.C. Code Ann. § 40-47-1220 — SC Code / Title 40 / Chapter 47 / Article 9 / Section 40-47-1220
SECTION 40-47-1220. Department of Labor staff.
Status: in_force

The Director of the Department of Labor, Licensing and Regulation may employ additional staff as necessary for the performance of the department's duties under this article.
S.C. Code Ann. § 40-56-5 — SC Code / Title 40 / Chapter 56 / Section 40-56-5
SECTION 40-56-5. Applicability.
Status: in_force

Unless otherwise provided for in this chapter, Chapter 1, Title 40 applies to the Board of Pyrotechnic Safety and licensees regulated under this chapter. If there is a conflict between this chapter and Chapter 1, the provisions of this chapter control.
S.C. Code Ann. § 40-25-140 — SC Code / Title 40 / Chapter 25 / Section 40-25-140
SECTION 40-25-140. Business addresses of licensees; notices mailed by department.
Status: in_force

(A) A person who holds a license shall notify the department in writing of the regular address of the place where he engages or intends to engage in the practice of specializing in hearing aids. (B) The department shall keep a record of the place of business of licensees. (C) Notice required to be given by the department to a person who holds a license must be mailed to him by certified mail at the address of the last place of business of which he has notified the department.
S.C. Code Ann. § 40-47-1260 — SC Code / Title 40 / Chapter 47 / Article 9 / Section 40-47-1260
SECTION 40-47-1260. Limitations on practice of anesthesiologist's assistants.
Status: in_force

An anesthesiologist's assistant may not: (1) perform a task which has not been listed and approved on the scope of the practice protocol currently on file with the board; (2) prescribe drugs, medications, or devices of any kind.
S.C. Code Ann. § 40-58-90 — SC Code / Title 40 / Chapter 58 / Section 40-58-90
SECTION 40-58-90. Request for contested case hearing before Administrative Law Court.
Status: in_force

(A) A person aggrieved by an administrative order issued by the administrator may request a contested case hearing before the Administrative Law Court in accordance with the court's rules of procedure. If the person fails to request a contested case hearing within the time provided in the court's rules of procedure, the administrative order becomes final and the administrator may bring an action to enforce its order pursuant to Chapter 23, Title 1. This section does not limit utilization of or the scope of judicial review available under other means of review, redress, relief, or trial de novo provided by law. A preliminary, procedural, or intermediate action or ruling of the Administrative Law Court is reviewable immediately if review of the final decision of the Administrative Law Court would not provide an adequate remedy. (B) Contested case proceedings are instituted by filing a request for a contested case hearing with the Administrative Law Court according to the rules of procedure of the Administrative Law Court. Copies of the request for a contested case hearing must be served upon the administrator and all parties of record. The final decision of the administrative law judge may be appealed as provided in Chapter 23, Title 1. Editor's Note Prior Laws:1988 Act No. 544; 1993 Act No. 172, SECTION 1; 2005 Act No. 7, SECTION 1; 2005 Act No. 128, SECTION 14.
S.C. Code Ann. § 40-13-240 — SC Code / Title 40 / Chapter 13 / Section 40-13-240
SECTION 40-13-240. Examinations; applications; fees; frequency of exams; subject matter.
Status: in_force

(A) Each applicant for an examination shall make application on board-approved forms. The application must be accompanied by the required examination fee. (B) The board shall conduct examinations of applicants for licenses to practice as cosmetologists, estheticians, or nail technicians not less than three times each year, at times and places as the board may determine. The examination of applicants for any license under this chapter must be conducted pursuant to regulations promulgated by the board and shall include both practical demonstrations and written tests on subjects the board determines to be necessary. Examinations must be consistent with the prescribed curriculum and the practical and theoretical requirements of the profession of cosmetology as prescribed in this chapter. Editor's Note Prior Laws:1934 (38) 1349; 1942 Code SECTION 5250-17; 1952 Code SECTIONS 56-465, 56-466; 1962 Code SECTIONS 56-465, 56-466; 1963 (53) 553; 1971 (57) 293; 1982 Act No. 388; 1976 Code SECTIONS 40-13-100, 40-13-110.
S.C. Code Ann. § 40-82-230 — SC Code / Title 40 / Chapter 82 / Section 40-82-230
SECTION 40-82-230. Examinations and equivalencies.
Status: in_force

The Department of Labor, Licensing and Regulation shall administer, at the request of the board, examinations approved by the board. The board may also recognize other examinations or training programs as the equivalent.
S.C. Code Ann. § 40-7-115 — SC Code / Title 40 / Chapter 7 / Section 40-7-115
SECTION 40-7-115. Jurisdiction of board.
Status: in_force

The board has jurisdiction over the actions of licensees and permittees and former licensees and permittees as provided for in Section 40-1-115.
S.C. Code Ann. § 40-43-210 — SC Code / Title 40 / Chapter 43 / Section 40-43-210
SECTION 40-43-210. Definitions.
Status: in_force

As used in this chapter: (1) "Administer" has the same meaning as in Section 40-43-30. (2) "Department" means the Department of Labor, Licensing and Regulation. (3) "Dispense" has the same meaning as in Section 40-43-30. (4) "Injectable hormonal contraceptive" means a drug composed of a hormone or a combination of hormones that is approved by the United States Food and Drug Administration to prevent pregnancy and that a practitioner administers to a patient by injection. "Injectable hormonal contraceptive" does not include any drug intended to terminate a pregnancy. (5) "Patient counseling" has the same meaning as in Section 40-43-30. (6) "Pharmacist" has the same meaning as in Section 40-43-30. (7) "Practitioner" has the same meaning as in Section 40-47-20. (8) "Prescriber" means a physician licensed pursuant to Chapter 47, Title 40; an advanced practice registered nurse licensed pursuant to Chapter 33, Title 40 and prescribing in accordance with the requirements of that chapter; or a physician assistant licensed pursuant to Article 7, Chapter 47, Title 40 and prescribing in accordance with the requirements of that article. (9) "Self-administered hormonal contraceptive" means a drug composed of a hormone or a combination of hormones that is approved by the United States Food and Drug Administration to prevent pregnancy and that the patient to whom the drug is prescribed may administer to himself. "Self-administered hormonal contraceptive" includes an oral hormonal contraceptive, a hormonal vaginal ring, and a hormonal contraceptive patch. "Self-administered hormonal contraceptive" does not include any drug intended to terminate a pregnancy. Editor's Note 2022 Act No. 210, SECTIONS 1, 4, and 6, provide as follows: "SECTION 1. This act shall be referred to as the 'Pharmacy Access Act'." "SECTION 4. The Board of Medical Examiners and the Board of Pharmacy must issue a written joint protocol pursuant to Section 40-43-240 not later than six months after the passage of this act." "SECTION 6. Except as otherwise specifically provided, this act takes effect upon the issuance of a written joint protocol pursuant to SECTION 4 of this act." The written joint protocol was issued on November 16, 2022.
S.C. Code Ann. § 40-5-50 — SC Code / Title 40 / Chapter 5 / Article 1 / Section 40-5-50
SECTION 40-5-50. Filing of rules and regulations; effective date; conflict with other laws.
Status: in_force

All rules and regulations promulgated and adopted under the terms of SECTIONS 40-5-20 and 40-5-40 shall be filed with the clerk of the Supreme Court and shall not be effective until the lapse of three months after they are so filed. Upon such rules and regulations becoming effective, they shall supersede all laws or parts of laws in conflict therewith to the extent of the conflict.
S.C. Code Ann. § 40-75-280 — SC Code / Title 40 / Chapter 75 / Article 1 / Section 40-75-280
SECTION 40-75-280. Code of ethics; treatment for impaired practitioners; regulations.
Status: in_force

The board may promulgate regulations setting forth a code of ethics for licensees and shall establish regulations pertaining to treatment for impaired practitioners.
S.C. Code Ann. § 40-36-560 — SC Code / Title 40 / Chapter 36 / Article 3 / Section 40-36-560
SECTION 40-36-560. Active duty military personnel or their spouses.
Status: in_force

Active duty military personnel, or their spouses, shall designate a home state where the individual has a current license in good standing. The individual may retain the home state designation during the period the service member is on active duty. Subsequent to designating a home state, the individual only shall change their home state through application for licensure in the new state or through the process described in Section 40-36-550.
S.C. Code Ann. § 40-38-310 — SC Code / Title 40 / Chapter 38 / Section 40-38-310
SECTION 40-38-310. Unlawful advertising, sales, and pricing acts regarding ophthalmic goods and services; required disclosures.
Status: in_force

(A) It is unlawful for a person to disseminate, directly or indirectly, or cause to be disseminated any untruthful, deceptive advertisement, or representation concerning eye examinations, ophthalmic goods, ophthalmic services, or the practice of opticianry. It is unlawful for a person, partnership, or corporation to disseminate, directly or indirectly, or cause to be disseminated any untruthful, impossible, improbable, misleading, or deceptive advertisement or representation concerning the terms, guarantee, or warranty which relates to the procurement of ophthalmic goods or services. (B) It is unlawful for a person to offer or give eye examinations, eyeglasses, spectacles, lenses, or any part used in connection with them as a premium or bonus with merchandise or in any other manner to induce trade. This section does not prohibit giving ophthalmic products incidental to the use of the product being offered or the offering of a reduced price, sale, or discount on purchases. These disclosures must be made with any offer: (1) if the offered price is represented as being a reduced price, sale price, or discounted price, the offer shall disclose the reduced price, sale price, or discounted price is from the offeror's regular selling price or shall disclose any other price and its source which serves as the standard from which the offeror represents the offered price as being a reduced price, sale price, or discounted price; (2) the date the offer terminates. (C) It is unlawful for a person to disseminate price information concerning ophthalmic goods and services without including an advertised price for: (1) eyeglasses includes single vision or multi-focal lenses; (2) contact lenses refers to hard or soft contact lenses; (3) ophthalmic materials includes all dispensing fees; (4) ophthalmic materials includes an eye examination; and (5) eyeglasses includes both frame and lenses. Editor's Note Prior Laws:1982 Act No. 396, SECTION 1; 1988 Act No. 528, SECTION 1; 1976 Code SECTION 40-38-70.
S.C. Code Ann. § 40-6-90 — SC Code / Title 40 / Chapter 6 / Section 40-6-90
SECTION 40-6-90. Hearings.
Status: in_force

Any hearing that is conducted as a result of an investigation must be conducted in accordance with Section 40-1-90.
S.C. Code Ann. § 40-5-40 — SC Code / Title 40 / Chapter 5 / Article 1 / Section 40-5-40
SECTION 40-5-40. Supreme Court empowered to appoint boards to examine applicants, investigate complaints, and hear disciplinary proceedings; subpoena powers.
Status: in_force

The Supreme Court may appoint boards or committees to examine all applicants for admission to the bar, and boards or committees to act as administrative agencies of the court for the purpose of investigating and reporting the violation of such rules and regulations as are adopted by the court and to hear all causes involving discipline, disbarment, suspension or reinstatement of attorneys and to make recommendations thereon to the Supreme Court. Such hearings shall be had under such procedure as may be established by the court. Any such administrative agency created by the Supreme Court shall have the power of subpoena for the purpose of aiding it in hearing cases of discipline, suspension or disbarment.
S.C. Code Ann. § 40-6-140 — SC Code / Title 40 / Chapter 6 / Section 40-6-140
SECTION 40-6-140. Prior criminal record as grounds for denial of licensure.
Status: in_force

A license may be denied based on a person's prior criminal record as provided for in Section 40-1-140.
S.C. Code Ann. § 40-9-70 — SC Code / Title 40 / Chapter 9 / Section 40-9-70
SECTION 40-9-70. Reciprocal registration; fee.
Status: in_force

The board shall have authority to grant licensure in accordance with item (8) of SECTION 40-9-30 by reciprocity to applicants from states having commensurate requirements as provided in this chapter and which also grant reciprocal privileges to licensees of this State provided that an applicant shall have been in practice in that state for at least one year.
S.C. Code Ann. § 40-15-177 — SC Code / Title 40 / Chapter 15 / Article 1 / Section 40-15-177
SECTION 40-15-177. Restricted volunteer license for certain dentists and dental hygienists.
Status: in_force

(A) The State Board of Dentistry may issue a restricted volunteer license to a dentist or dental hygienist who: (1) has held the corresponding license in another state as a licensee in good standing; (2) has passed an examination as prescribed by the board; (3) has not failed the state's corresponding clinical examination within the past five years; (4) must have at least five years of clinical practice in the field for which they are seeking the license. (B) A person holding a restricted volunteer license under this section: (1) must only practice in clinics prescribed by the board in regulation; (2) only treat patients who have no insurance or who are not eligible for financial assistance for dental treatment; (3) may not receive remuneration directly or indirectly for providing dental or dental hygiene services. (C) A dentist with a restricted volunteer license issued under this section only may practice dentistry and perform dental procedures if: (1) a dentist with an unrestricted license is available on the premises; or (2) the dentist reviews every thirty days with a local licensed dentist in good standing the cases of all patients treated during the thirty-day period. (D) A dental hygienist only may practice dental hygiene pursuant to this chapter and regulations promulgated under this chapter for dental hygienists and only under the direct supervision of a licensed dentist. (E) A license issued under this section must be renewed annually in accordance with continuing education requirements and procedures as may be established by the board in regulation. (F) A dentist or dental hygienist holding a restricted volunteer license issued pursuant to this section is subject to the provisions of this chapter and regulations promulgated under this chapter unless otherwise provided for in this section.
S.C. Code Ann. § 40-47-1740 — SC Code / Title 40 / Chapter 47 / Article 11 / Section 40-47-1740
SECTION 40-47-1740. Requirements for licensure; renewal.
Status: in_force

(A) An applicant for an athletic trainer license must have satisfied the requirements to be an athletic trainer as determined by the BOC and hold a current BOC certification. (B) An applicant for the renewal of a license must have completed the biennial continuing education requirements as determined by the BOC, be in good standing with the BOC, and complete two continuing education courses approved by the board in consultation with the Athletic Trainers' Advisory Committee.
S.C. Code Ann. § 40-2-140 — SC Code / Title 40 / Chapter 2 / Article 1 / Section 40-2-140
SECTION 40-2-140. Effect of prior criminal conviction on authorization to practice.
Status: in_force

A person may not be refused an authorization to practice, pursue, or engage in accounting solely because of a prior criminal conviction unless the criminal conviction directly relates to accounting for which the authorization to practice is sought. However, the board may refuse an authorization to practice if, based upon all information available, including the applicant's record of prior convictions, the board finds that the applicant is unfit or unsuited to engage in accounting. Effect of Amendment 2022 Act No. 174, SECTION 1, reenacted the section with no apparent change.
S.C. Code Ann. § 40-53-190 — SC Code / Title 40 / Chapter 53 / Section 40-53-190
SECTION 40-53-190. Liability of licensee for acts of other polygraph examiner or trainee.
Status: in_force

Any unlawful act or violation of any of the provisions of this chapter on the part of any polygraph examiner or trainee shall not be cause for revocation of the license of any other polygraph examiners by whom the offending examiner or trainee may have been employed, unless it shall appear to the satisfaction of the Division that the polygraph examiner-employer has wilfully or negligently aided or abetted the illegal actions or activities of the offending polygraph examiner or trainee.
S.C. Code Ann. § 40-60-550 — SC Code / Title 40 / Chapter 60 / Article 3 / Section 40-60-550
SECTION 40-60-550. Confidentiality of investigations and proceedings; communications privileged.
Status: in_force

Investigations and proceedings conducted under this article are confidential, and all communications are privileged as provided in Section 40-1-190. Editor's Note 2017 Act No. 32, SECTION 5, provides as follows: "SECTION 5. This act takes effect upon approval by the Governor. In the event that a registration process is unavailable upon the effective date of this act, an appraisal management company already conducting business in this State may continue to conduct business until one hundred twenty days after a registration process becomes available."
S.C. Code Ann. § 40-56-100 — SC Code / Title 40 / Chapter 56 / Section 40-56-100
SECTION 40-56-100. Issuance of cease and desist order, or petition for temporary restraining order or other equitable relief.
Status: in_force

In addition to other remedies provided for in this chapter, the board pursuant to Chapter 1 may issue a cease and desist order or may petition the Administrative Law Court for a temporary restraining order or other equitable relief to enjoin a violation of this chapter or a regulation promulgated pursuant to this chapter.
S.C. Code Ann. § 40-81-140 — SC Code / Title 40 / Chapter 81 / Section 40-81-140
SECTION 40-81-140. Prior criminal conviction; licensure.
Status: in_force

A license may be denied based on a person's prior criminal record only as provided for in Section 40-1-140.
S.C. Code Ann. § 40-36-200 — SC Code / Title 40 / Chapter 36 / Article 1 / Section 40-36-200
SECTION 40-36-200. Violations of chapter; submission of false information to board; penalty.
Status: in_force

A person who practices or offers to practice as an occupational therapist or as an occupational therapy assistant in this State in violation of this chapter or who knowingly submits false information to the board for the purpose of obtaining a license or who violates any other provision of this chapter is guilty of a misdemeanor and, upon conviction for each offense, must be fined not more than fifty thousand dollars or be imprisoned not more than one year, or both.
S.C. Code Ann. § 40-84-140 — SC Code / Title 40 / Chapter 84 / Section 40-84-140
SECTION 40-84-140. Conflicts with other minimum competency standards.
Status: in_force

To the extent that the provisions of this chapter conflict with other minimum competency standards for a sign language interpreter required for use by an entity identified in Section 40-84-120, the more rigorous standards must prevail.
S.C. Code Ann. § 40-38-110 — SC Code / Title 40 / Chapter 38 / Section 40-38-110
SECTION 40-38-110. Grounds for license revocation, suspension, or limitations, or for disciplinary action against licensee.
Status: in_force

(A) In addition to the grounds for disciplinary action provided in Section 40-1-110, the board may revoke, suspend, or otherwise restrict or limit the license of an optician or reprimand or otherwise discipline a licensee when it is established upon a satisfactory showing to the board that the licensee: (1) has been convicted of a felony or crime involving moral turpitude. Forfeiture of a bond or a plea of nolo contendere is considered a conviction; (2) has knowingly performed an act which in any way assists a person to practice opticianry illegally; (3) has caused to be published or circulated directly or indirectly fraudulent, false, or misleading statements as to the skill or methods of practice of an optician; (4) has failed to provide and maintain reasonable sanitary facilities; (5) is guilty of obtaining fees or assisting in obtaining fees under deceptive, false, or fraudulent circumstances; (6) has violated a provision of this chapter or a regulation promulgated under this chapter; or (7) has been guilty of using third-party solicitation which is untruthful, deceptive, and coercive to obtain patronage. (B) In addition to all other remedies and actions provided for in this chapter, the license of an optician adjudged mentally incompetent by a court of proper jurisdiction automatically must be suspended by the board until the optician is adjudged by a court of competent jurisdiction or in any other manner provided by law as being restored to mental competency. Editor's Note Prior Laws:1982 Act No. 396, SECTION 1; 1976 Code SECTION 40-38-220.
S.C. Code Ann. § 40-20-70 — SC Code / Title 40 / Chapter 20 / Section 40-20-70
SECTION 40-20-70. Applicants educated outside of United States.
Status: in_force

An applicant for licensure who has obtained his or her education outside of the United States and its territories must meet the requirements for current registration as a registered dietitian by the Commission on Dietetic Registration.
S.C. Code Ann. § 40-31-20 — SC Code / Title 40 / Chapter 31 / Section 40-31-20
SECTION 40-31-20. Penalties.
Status: in_force

Any person violating the provisions of this chapter shall, upon conviction, be guilty of a misdemeanor and be fined not exceeding five hundred dollars or be imprisoned for a period of not exceeding one year, or both, in the discretion of the court.
S.C. Code Ann. § 40-22-70 — SC Code / Title 40 / Chapter 22 / Section 40-22-70
SECTION 40-22-70. Additional powers and duties.
Status: in_force

In addition to the powers and duties provided in this chapter, the board has those powers and duties set forth in Section 40-1-70.
S.C. Code Ann. § 40-59-560 — SC Code / Title 40 / Chapter 59 / Article 3 / Section 40-59-560
SECTION 40-59-560. Inspection reports; form; disclosure of scope and limitations.
Status: in_force

(A) An inspection report issued by a licensed home inspector under this chapter must be on a form approved by the commission. For purposes of this section, a form that contains the same information as the commission-approved form is considered to have met the requirements of this section. (B) Nothing in this section may require a home inspector to inspect every item contained in the commission-approved form, and nothing in this section may limit a home inspector from performing a home inspection beyond the scope of information contained in the commission-approved form. A home inspector shall indicate on the inspection report which items, if any, were not inspected. (C) A home inspector shall disclose the scope and limitations, if any, of each inspection before performing a home inspection. Editor's Note Prior Laws:1994 Act No. 463, SECTION 3; 1976 Code SECTION 40-59-255.