reglab/housing_qa huggingface dataset:
SC Code § 40-37-10 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 37 - Optometrists|Section 40-37-10. South Carolina Board of Examiners in Optometry; membership; terms; conduct of business by positive majority vote.

 (A) There is created the South Carolina Board of Examiners in Optometry, which consists of seven members. Five members must be licensed optometrists appointed by the Governor upon nomination by all licensed optometrists in this State through an election conducted by the board. The Governor may reject any or all of those nominated upon satisfactory showing of the unfitness of those rejected. If the Governor declines to appoint any of the nominees submitted, additional nominees must be submitted in the same manner as the initial nominees. Vacancies must be filled in the manner of the original appointment for the unexpired portion of the term. Two members of the board must be members of the general public who do not derive their income or support from any optical or optical-related business and who are not related to an optometrist or a person engaged in an optical-related business. The members from the general public may be nominated by any individual, group, or association and must be appointed by the Governor in accordance with Chapter 1 of Title 40.  (B) The members of the board serve terms of four years and until their successors are appointed and qualify. No person may serve more than two consecutive four-year terms; however, a person appointed to fill an unexpired term may be reappointed for two additional four-year terms. The Governor may remove a member of the board in accordance with Section 1-3-240. No member may be removed without first giving the member an opportunity to refute the charges filed against the member, who must be given a copy of the charges at the time they are filed.  (C) Any business conducted by the board must be by a positive majority vote. For purposes of this subsection "positive majority vote" means a majority vote of the entire membership of the board, reduced by any vacancies existing at the time.  HISTORY: 2005 Act No. 135, Section 1.  Editor's Note  Prior Laws:1917 (30) 1; Civ. C. '22 Section 2455; 1932 Code Section 5234; 1932 (37) 1333; 1942 Code Section 5234; 1952 Code Section 56-1053; 1962 Code Section 56-1053; 1978 Act No. 570, Section 3; 1982 Act No. 395, Section 1; 1993 Act No. 65, Section 4; 1976 Code Section 40-37-20.
SC Code § 40-37-20 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 37 - Optometrists|Section 40-37-20. Definitions.

 As used in this chapter:  (1) "Board" means the South Carolina Board of Examiners in Optometry;  (2) "Contact lens" means any device placed in contact with the eye for the purpose of correcting vision, therapy, or cosmetic alteration;  (3) "Direct supervision" means supervision provided by a licensed optometrist who must:  (a) be present in the department or facility where the supervisee is performing services;  (b) be immediately available to assist the supervisee in the services being performed; and  (c) maintain continued involvement in appropriate aspects of each treatment;  (4) "Optical supplies" include, but are not limited to, contact lenses, ophthalmic lenses, ophthalmic frames;  (5) "Basic certified optometrist" means an optometrist without education or training in the use of pharmaceutical agents and licensed to practice optometry without the use of pharmaceutical agents;  (6) "Diagnostic certified optometrist" means an optometrist educated and trained in the use of pharmaceutical agents for diagnostic purposes only and licensed to practice optometry in conjunction with the use of pharmaceutical agents for diagnostic purposes only;  (7) "Therapeutic certified optometrist" means an optometrist educated and trained in the use of pharmacological agents for diagnostic and therapeutic purposes and licensed to practice optometry with the use of pharmacological agents for diagnostic and therapeutic purposes.  HISTORY: 2005 Act No. 135, Section 1.
SC Code § 40-37-30 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 37 - Optometrists|Section 40-37-30. Licensing requirement; practice of optometry.

 (A) It is unlawful for a person to engage in the practice of optometry in this State without being licensed by the board, except as otherwise authorized by this chapter.  (B) A person is deemed to be practicing optometry within the meaning of this chapter if the person:  (1) displays a sign or in any way advertises as an optometrist;  (2) employs any means for the measurement of the powers of vision or the adaptation of lenses for the aid of vision;  (3) uses lenses in the testing of the eye in the sale of spectacles, eyeglasses, or lenses other than lenses actually sold;  (4) examines the human eye by the employment of any subjective or objective physical means to ascertain the presence of defects or abnormal conditions for the purpose of relieving them by the use of lenses, prisms, or other physical or mechanical means;  (5) practices orthoptics or prescribes contact lenses; or  (6) utilizes pharmaceutical agents for diagnostic and/or therapeutic purposes in the practice of optometry in accordance with this chapter.  (C) The possession of appliances for the examination of the eye, optical supplies, ophthalmic instruments, or optical equipment is prima facie evidence of practicing optometry and requires compliance with this chapter.  HISTORY: 2005 Act No. 135, Section 1.
SC Code § 40-37-40 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 37 - Optometrists|Section 40-37-40. Powers and duties of board; seal.

 (A) The board shall:  (1) determine the eligibility of applicants for examination and licensure as optometrists;  (2) prescribe the subjects, character, and manner of licensing examinations;  (3) adopt a code of professional ethics appropriate to the profession of optometry;  (4) evaluate and set criteria for continuing education course hours and programs;  (5) conduct hearings on alleged violations by licensees of this chapter or regulations promulgated under this chapter;  (6) discipline persons licensed under this chapter; and  (7) promulgate regulations in accordance with the South Carolina Administrative Procedures Act.  (B) The board may adopt an official seal and may adopt bylaws governing its proceedings.  HISTORY: 2005 Act No. 135, Section 1.
SC Code § 40-37-50 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 37 - Optometrists|Section 40-37-50. Administration of board; assessment, collection and adjustment of fees.

 (A) The board must be administered by the Department of Labor, Licensing and Regulation in accordance with Chapter 1 of Title 40. The department shall provide all administrative, fiscal, investigative, inspectional, clerical, secretarial, and license renewal operations and activities.  (B) 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 Section 40-1-50(D).  HISTORY: 2005 Act No. 135, Section 1.
SC Code § 40-37-80 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 37 - Optometrists|Section 40-37-80. Investigation of complaints; administration of oaths; subpoena of documents.

 For the purpose of conducting an investigation under this chapter, the department shall subpoena witnesses, take evidence, and require the production of any documents or records that the board considers relevant to the inquiry. The department shall administer oaths and issue subpoenas for the attendance and testimony of witnesses and the production and examination of books, papers, and records on behalf of the board or, upon request, on behalf of a party to a proceeding. Upon failure to obey a subpoena or to answer questions propounded by the board or its hearing officer or panel, the board may apply to an administrative law judge for an order requiring the person to comply. If a board member files a complaint, the board member must not participate in the capacity as a board member at the hearing of the complaint.  HISTORY: 2005 Act No. 135, Section 1.
SC Code § 40-37-90 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 37 - Optometrists|Section 40-37-90. Investigation results presented to board; disciplinary action.

 The results of all investigations must be presented to the board. If from these results it appears that a violation has occurred or that a licensee has become unfit to practice optometry, the board, in accordance with the Administrative Procedures Act, may take disciplinary action. No disciplinary action may be taken unless the matter is presented to and voted upon by the board. The board may designate a hearing officer or hearing panel to conduct hearings or take other action as may be necessary under this section.  HISTORY: 2005 Act No. 135, Section 1.
SC Code § 40-37-100 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 37 - Optometrists|Section 40-37-100. Civil penalties and injunctive relief.

 In addition to initiating a criminal proceeding for a violation of this chapter, the board may seek civil penalties and injunctive relief in accordance with Chapter 1 of Title 40.  HISTORY: 2005 Act No. 135, Section 1.
SC Code § 40-37-110 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 37 - Optometrists|Section 40-37-110. Grounds for discipline; suspension of license on finding of mental incompetence.

 (A) In addition to the grounds for disciplinary action provided in Chapter 1 of Title 40, the board may revoke, suspend, reprimand, or otherwise restrict or limit the license of an optometrist or reprimand or otherwise discipline a licensee when it is established to the satisfaction of the board that the licensee:  (1) has been convicted of a felony or any crime involving moral turpitude; forfeiture of a bond or a plea of nolo contendere is considered a conviction;  (2) has knowingly performed an act that in any way assists a person to practice optometry 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 optometrist;  (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 regulations promulgated under this chapter;  (7) has been guilty of using third-party solicitation that is untruthful, deceptive, or coercive to obtain patronage.  (B) In addition to all other remedies and actions provided for in this chapter, the license of an optometrist adjudged mentally incompetent by a court of competent jurisdiction automatically must be suspended by the board until the optometrist is adjudged by a court of competent jurisdiction or in any other manner provided by law as being restored to mental competency.  HISTORY: 2005 Act No. 135, Section 1.  Editor's Note  Prior Laws:1917 (30) 1; Civ. C. '22 Section 2466; 1932 Code Sections 5244, 5245; 1937 (40) 394; 1942 Code Sections 5244, 5245; 1952 Code Section 56-1077; 1962 Code Section 56-1077; 1968 (55) 2709; 1978 Act No. 570, Section 12; 1982 Act No. 395, Section 1; 1976 Code Section 40-37-220.
SC Code § 40-37-115 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 37 - Optometrists|Section 40-37-115. Jurisdiction.

 The board has jurisdiction over the actions of licensees and former licensees as provided for in Chapter 1 of Title 40.  HISTORY: 2005 Act No. 135, Section 1.
SC Code § 40-37-120 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 37 - Optometrists|Section 40-37-120. Basis for disciplinary action.

 The board may take disciplinary action against a person as provided for in this chapter or Chapter 1 of Title 40.  HISTORY: 2005 Act No. 135, Section 1.
SC Code § 40-37-150 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 37 - Optometrists|Section 40-37-150. Voluntary surrender of license.

 A licensee under investigation for a violation of this chapter or a regulation promulgated under this chapter may voluntarily surrender the license in accordance with Chapter 1 of Title 40.  HISTORY: 2005 Act No. 135, Section 1.
SC Code § 40-37-160 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 37 - Optometrists|Section 40-37-160. Appeal.

 A person aggrieved by a final action of the board may seek review of the decision in accordance with Chapter 1 of Title 40.  HISTORY: 2005 Act No. 135, Section 1.
SC Code § 40-37-170 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 37 - Optometrists|Section 40-37-170. Assessment of investigation and prosecution costs.

 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 Chapter 1 of Title 40.  HISTORY: 2005 Act No. 135, Section 1.
SC Code § 40-37-180 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 37 - Optometrists|Section 40-37-180. Payment and collection of costs.

 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 of Title 40.  HISTORY: 2005 Act No. 135, Section 1.
SC Code § 40-37-190 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 37 - Optometrists|Section 40-37-190. Confidentiality.

 Investigations and proceedings conducted under the provisions of this chapter are confidential and all communications are privileged as provided for in Chapter 1 of Title 40.  HISTORY: 2005 Act No. 135, Section 1.
SC Code § 40-37-200 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 37 - Optometrists|Section 40-37-200. Penalties for unlawful practice.

 (A) It is unlawful for a person to practice optometry in violation of this chapter, and a person committing such a violation, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than two years, or both. Each violation constitutes a separate offense.  (B) In addition to the penalty provided in this section, optical supplies involved in the unlicensed practice of optometry in violation of this chapter must be confiscated and delivered to the law enforcement agency with jurisdiction where the violation occurred, and these supplies are considered contraband material as provided for in law.  (C) Penalties provided for in this chapter or in Article 1, Chapter 1 of Title 40 apply to a corporation, association, or person aiding and abetting in committing a violation.  HISTORY: 2005 Act No. 135, Section 1.  Editor's Note  Prior Laws:Prior laws: 1917 (30) 1; Civ. C. '22 Section 2467; Cr. C. '22 Section 392; 1932 Code Section 5246; 1942 Code Section 5246; 1952 Code Section 56-1080; 1962 Code Section 56-1080; 1978 Act No. 570, Section 10; 1982 Act No. 395, Section 1; 1976 Code Section 40-37-240.
SC Code § 40-37-230 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 37 - Optometrists|Section 40-37-230. Denial of license.

 As provided for in Chapter 1 of Title 40, the board may deny licensure to an applicant based on the same grounds for which the board may take disciplinary action against a licensee.  HISTORY: 2005 Act No. 135, Section 1.
SC Code § 40-37-235 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 37 - Optometrists|Section 40-37-235. Denial of license on basis of prior criminal record.

 A license for optometry may be denied based on a person's prior criminal record as provided for in Chapter 1 of Title 40.  HISTORY: 2005 Act No. 135, Section 1.
SC Code § 40-37-245 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 37 - Optometrists|Section 40-37-245. Licensure by endorsement; requirements.

 An optometrist currently licensed and practicing at the therapeutic level in another jurisdiction may obtain a license by endorsement as an optometrist in this State. An applicant for licensure by endorsement must have:  (1) submitted a written application in the form prescribed by the board;  (2) graduated from an accredited school or college of optometry that required four years' attendance and that grants the degree of doctor of optometry, if the schools and courses are approved by the board;  (3) satisfactorily passed all required examinations recognized or conducted by the board including, but not limited to, the examination of the National Board of Examiners in Optometry;  (4) presented to the board evidence that all optometry licenses possessed by the applicant are current and in good standing;  (5) presented to the board proof that no professional licenses granted to the applicant in any other state have been suspended, revoked, or restricted for any reason except nonrenewal or for the failure to obtain the required continuing education; and  (6) paid all applicable fees specified by the board.  HISTORY: 2005 Act No. 135, Section 1.
SC Code § 40-37-280 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 37 - Optometrists|Section 40-37-280. Use of license by unlicensed person; delegation of tasks to supervised assistants.

 (A) It is unlawful for a licensee to permit his or her license to be used by any unlicensed person, and it is unlawful for an unlicensed person to practice or attempt to practice or conduct business under the rights and privileges conferred upon another licensed person.  (B) Notwithstanding any other provision of law, an optometrist may delegate tasks to assistants working under his or her direct supervision. However, under no circumstances may an assistant be allowed to make a refraction for eyeglasses or prescribe contact lenses. Nothing in this section precludes an optometrist who is supervising an assistant from being absent from the practice for reasonable periods during the working day including, but not limited to, lunch or other customary, practice-related absences. Nothing in this section may be construed to interfere with the operation of offices in accordance with Section 40-37-325.  HISTORY: 2005 Act No. 135, Section 1.
SC Code § 40-37-290 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 37 - Optometrists|Section 40-37-290. Purchasing, prescribing, and administering pharmaceutical agents.

 Notwithstanding any other provision of law, an optometrist may purchase, possess, administer, supply, and prescribe pharmaceutical agents, including oral and topically applied medications other than Schedule I and II controlled substances as defined in Section 44-53-110 except controlled substances that have been reclassified from Schedule III to Schedule II effective on or after October 6, 2014, may continue to be purchased, possessed, administered, supplied, and prescribed by an optometrist, for diagnostic and therapeutic purposes in the practice of optometry, except that:  (1) when prescribing oral and topically applied medications, an optometrist is limited to these oral pharmaceutical agents: antihistamines, antimicrobial, antiglaucoma, over-the-counter drugs, and analgesics for the treatment of ocular and ocular adnexal eye disease. An optometrist may only prescribe these medications for the treatment of ocular and ocular adnexal eye disease;  (2) when prescribing medications for the treatment of ocular and ocular adnexal disease, documentation in the patient's chart and appropriate consultations and referrals must be in accordance with the standard of care provided for in Section 40-37-310(E);  (3) when prescribing analgesics, the prescription must be limited to a seven-day supply;  (4) when prescribing topical steroids, if after twenty-one days of treatment it is necessary to continue this medication, the optometrist shall communicate and collaborate with an ophthalmologist;  (5) no medications may be given by injection or intravenously.  HISTORY: 2005 Act No. 135, Section 1; 2015 Act No. 43 (H.3443), Section 1, eff May 7, 2015.  Editor's Note  Prior Laws:1984 Act No. 312, Section 3; 1993 Act No. 65, Section 5; 1976 Code Section 40-37-105.  Effect of Amendment  2015 Act No. 43, Section 1, in the introductory paragraph, inserted the exception for reclassified controlled substances.
SC Code § 40-37-300 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 37 - Optometrists|Section 40-37-300. Establishing pharmacy or selling pharmaceutical agents; dispensing contact lenses.

 (A) An optometrist may not establish a pharmacy in an optometry office or sell pharmaceutical agents prescribed in treatment unless there is a licensed pharmacist on staff and present when these prescriptions are filled. However, nothing in this section or in any other provision of law prohibits a licensed optometrist from administering or supplying pharmaceutical agents to a patient, without charge for the pharmaceutical agents, to initiate appropriate treatment.  (B) Notwithstanding subsection (A) or any other provision of law, an optometrist may purchase, possess, administer, sell, prescribe, or dispense contact lenses, contact lens solutions, and topically applied dyes.  (C) For purposes of this chapter "supply" is limited to pharmaceutical agents given to a patient by an optometrist for the purpose of initiating treatment until the patient's prescription can be filled by a registered pharmacist.  HISTORY: 2005 Act No. 135, Section 1.  Editor's Note  Prior Laws:1993 Act No. 65, Section 2; 1976 Code Section 40-37-106.
SC Code § 40-37-320 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 37 - Optometrists|Section 40-37-320. Publicizing office hours; mobile units; promulgation of regulations pertaining to optometry offices.

 (A) An optometrist shall post in a conspicuous place the office hours that he or she will maintain. Office hours are those hours in which a licensed optometrist is actually present on the premises; however, this section does not prevent the office from being open for the purpose of accepting appointments or payments or performing other duties that by law do not require the presence of a licensed optometrist. Advertisements or any other public announcement of office hours must specify those hours in which a licensed optometrist is present on the premises.  (B) Mobile units may be used; however, the optometrist shall obtain a registration for the mobile unit from the board. A mobile unit must be limited to visiting and providing services to licensed health care facilities within this State.  (C) Notwithstanding the provisions of subsection (A), the board may promulgate regulations regarding optometrists' offices so as to provide for:  (1) adequate and appropriate office facilities for the practice of optometry;  (2) the proper handling of patient records; and  (3) appropriate sanitation for office facilities.  HISTORY: 2005 Act No. 135, Section 1.